Ohio: Ed FitzGerald’s ‘voting rights’ legislation clears Cuyahoga council committee; Republicans dissent | Cleveland Plain Dealer

A Cuyahoga County Council committee voted along party lines Tuesday to advance “voter rights” legislation that conflicts with a new state law, a move which takes the county closer to what Republican council members said could end up being a costly legal fight. The eight Democrats on council’s committee of the whole – which is made up of all 11 council members — voted to move forward with legislation introduced last month by county Executive Ed FitzGerald, a fellow Democrat, while the council’s three Republicans dissented. The move indicates council is poised to approve the legislation, which would assert the county’s right to mail out unsolicited early voting applications and addressed envelopes with pre-paid postage to all its registered voters, at an upcoming meeting. The legislation is a response to a new state law, passed by Republicans in Columbus in February, that forbids counties from mailing out the applications. The new law allows the Ohio Secretary of State to send them out, statewide, if lawmakers appropriate money to pay for it — Republican Secretary of State Jon Husted says he plans to do so this November. Republicans say the new law promotes voting equality across all Ohio’s 88 counties.

Ohio: Attorney General’s office argues against boss in court case | Dayton Daily News

Ohio Solicitor Eric Murphy Wednesday urged the U.S. Supreme Court to uphold a lower court ruling that two independent organizations from Cincinnati failed to show they have been harmed by a state election law that prohibits making false statements with malice. In an unusual legal twist, Murphy finds himself on the opposite side of the same case with his boss, Ohio Attorney General Mike DeWine, who earlier this month filed a separate brief with the justices declaring that the Ohio law violates the First Amendment’s guarantee of freedom of speech. The justices in January agreed to accept the election law cases from Ohio, but it is unclear whether the court wants to rule on whether the law violates the Constitution instead of more narrowly concluding that the organizations could not demonstrate they faced prosecution.

Ohio: Savings for proposed online voting registration may not reach expectations from Husted, legislators | Cleveland Plain Dealer

Supporters of two stalled bills in the Ohio General Assembly say online voting registration could save hundreds of thousands of dollars statewide each year. A roundup of estimates gathered by the Northeast Ohio Media Group show that those projections may overstate savings for county boards of elections. In four states that already have online registration, relatively small participation rates may be keeping significant savings at bay.

Ohio: Trial date set in dispute over early voting | Associated Press

An August trial date has been set in a dispute over early voting in Ohio that goes back to the last presidential election. President Barack Obama’s re-election campaign and Democrats filed a lawsuit in July 2012 against the state’s elections chief over an Ohio law that cuts off in-person, early voting for most residents three days before Election Day. The two sides have been unable to resolve the litigation. This week, a federal court in Columbus set an Aug. 19 trial date.

Ohio: Judge rules Libertarians will stay off ballot | Cincinnati.com

Libertarian candidates for Ohio governor and attorney general were rightly disqualified from the ballot, a federal judge said Wednesday, upholding a ruling this month by Ohio Secretary of State Jon Husted. Husted had removed gubernatorial candidate Charlie Earl and attorney general candidate Steven Linnabary from the ballot because people who gathered the 500 signatures they each needed to qualify did not identify their employers, as required by Ohio law. That law is constitutional, Judge Michael Watson said Wednesday. “The public interest is best served by allowing Ohio to acquire the identities of petition circulators and those who pay them in order to detect and deter fraud in the election process,” Watson said in his decision.

Ohio: Libertarians Say GOP Schemed To Keep LP Candidates Off State Ballot | Reason.com

Charles Earl is trying to run for governor of Ohio. A native of Bowling Green, the one-time Republican state representative now represents the Libertarian Party of Ohio (LPO). As the LPO’s gubernatorial candidate, Earl would challenge current Republican Gov. John Kasich and Democrat Ed Fitzgerald come November 2014, possibly siphoning off dissatisfied Ohio voters from Kasich. But Earl’s candidacy is currently in limbo. Last week, Earl received a letter from Ohio Secretary of State Jon Husted disqualifying him from the May primary ballot. Earl was disqualified on the grounds that those circulating petitions for his inclusion weren’t Libertarian Party members and/or failed to disclose themselves as paid LPO employees.

Ohio: Cincinnati case garners attention before SCOTUS hearing | USAToday

What could bring together the American Civil Liberties Union, the Cincinnati anti-tax group COAST and one-time National Lampoon editor P.J. O’Rourke? How about a four-year-old Cincinnati political brawl turned Supreme Court case that touches on everything from abortion to Obamacare to the First Amendment? At its heart, the case is a constitutional challenge to an Ohio law that bars lying about candidates during an election. In arguments set for next month, the Supreme Court will consider a narrower question, but the legal tussle has already generated some surprising twists and turns. So how many Pinocchios does the Ohio law allow?

Ohio: Supporters of Voters Bill of Rights can now collect signatures to put issue on November ballot | Cleveland Plain Dealer

A group pushing to enshrine voting provisions in the Ohio Constitution got the green light Thursday morning to collect signatures to put the amendment on the November ballot. The Ohio Ballot Board unanimously agreed Thursday the “Ohio Voters Bill of Rights” should be presented to voters as one amendment. The amendment writes into the Constitution minimum early, in-person voting hours — 12 hours during the weekend before Election Day and 10 hours each day during the preceding week — current identification standards, absentee ballot procedures and online voter registration. One of the group’s leaders, Cincinnati Democratic Rep. Alicia Reece, said the amendment protects those voting provisions from changes by lawmakers and removes the “political football” game played by both parties over voting procedures.

Ohio: Voter Bill of Rights petition language approved, moves to Ballot Board for review | Cleveland Plain Dealer

Ohioans pushing to enshrine state voting laws into the Ohio Constitution moved one step closer to putting the issue on the November ballot. Attorney General Mike DeWine certified on Monday petition language to add a Voters Bill of Rights to the Ohio Constitution. DeWine rejected the initial language in February because two of the rights conflicted with federal election law. “Without passing upon the advisability of the approval or rejection of the measure to be referred,…I hereby certify that the summary is a fair and truthful statement of the proposed constitutional amendment,” DeWine stated in a letter to the petitioners. The Ohio Ballot Board will meet 9 a.m. Thursday in the Finan Finance Room of the Statehouse to determine whether the proposed amendment contains more than one amendment.

Ohio: Not so fast! Ohio voting cutbacks spark furious response | MSNBC

The effort by Ohio Republicans to make voting harder in the nation’s most pivotal swing state has triggered a furious response—one that could yet succeed in fighting off some of the worst effects of the new restrictions. “Since these bills have been passed, we have seen an incredible response from all corners of the state,” State Senator Nina Turner, who has helped lead the effort, told msnbc. “Ohioans are just plain tired of their ballot access being made into a political tool. From local leaders stepping out, to the court system, to the ballot, we are seeing the people push back against an effort to limit their voice using all the tools at their disposal.” Last month, Ohio lawmakers passed GOP-backed bills that cut six days of early voting, ended same-day voter registration, made it harder to vote absentee, and made it more likely that provisional ballots will be rejected. Just days after the bills were signed, Secretary of State Jon Husted, a Republican,announced the elimination of Sunday voting, effectively ending the “Souls to the Polls” drives organized in recent years by many African-American churches.

Ohio: Husted disqualifies 2 Libertarian candidates from May primary after protests | Associated Press

Two Libertarian candidates for statewide office were tossed from Ohio’s primary ballot on Friday in a state election chief’s ruling that sparked immediate plans for a legal challenge. Secretary of State Jon Husted issued a brief statement in disqualifying gubernatorial candidate Charlie Earl and attorney general candidate Steven Linnabary from the May 6 primary, saying he had adopted a hearing officer’s recommendations. The candidates’ nominating petitions were challenged on two grounds: that signature gatherers failed to comply with Ohio laws requiring them to be either Libertarian or political independent and another requiring them to disclose their employer. Mark Brown, an attorney for the Libertarian Party of Ohio, said the party will challenge the decision in federal court.

Ohio: Lawsuit challenging voting bills would force GOP to prove fraud | Vindicator

Republican Gov. John Kasich has signed into law three bills that change the procedures for voting in Ohio. The measures were rammed through the GOP- controlled General Assembly, with proponents arguing, among other things, that they are designed to combat voter fraud. Not surprisingly, Democrats have been quick to respond, accusing the Republicans who control every statewide administrative office and six of the seven Supreme Court seats of attempting to restrict voting. The arguments from both sides should ring familiar. They have been used in previous battles over voting in Ohio. The GOP contends that unrestricted access to the polls is a recipe for disaster; the Democratic Party counters that voter suppression is at the heart of the Republican campaign. It notes that urban areas are hardest hit by the changes in voting procedures, with black voters, who mostly support Democratic candidates, being dissuaded from going to the polls.

Ohio: FitzGerald introduces voting legislation that contradicts recently-passed state law | Cleveland Plain Dealer

Cuyahoga County Executive Ed FitzGerald has formally submitted legislation to County Council asserting his right to mail out unsolicited absentee ballot applications to all registered voters in the county, a move that would be in direct contradiction to a recently-passed state law. FitzGerald, a Democrat who is running for governor, released the legislation — which he has deemed the “Cuyahoga County Voting Rights Law” — late Wednesday. The bill’s text says that despite any state laws to the contrary, the county will promote voter registration and promote “early voting and maximizing voter participation through voting by mail in Cuyahoga County, including, but not limited to, mailing applications to vote by mail, with postage-prepaid return envelopes, to all registered voters in Cuyahoga County.”

Ohio: State election law violates First Amendment, Dewine says | The Columbus Dispatch

In a highly unusual move, Ohio Attorney General Mike DeWine yesterday told the U.S. Supreme Court that the state’s election law banning candidates from making false statements with malice violates the Constitution’s guarantee of freedom of speech. In legal papers filed with the justices, DeWine said the Ohio law has a “chilling” impact on the speech not only of candidates, but independent organizations wishing to advertise against a candidate. The attorney general contended that the law “polices not just ‘false’ speech, but speech that indisputably is protected under the First Amendment.” Normally, the state attorney general would defend a law approved by the legislature in his or her state. The justices are expected later this spring to hear two challenges — both from Cincinnati — to the Ohio law. They have been consolidated into one case.

Ohio: Proposed Voter Bill of Rights ballot item refiled | Cincinnati Enquirer

The group of African-American leaders pushing the inclusion of a Voters Bill of Rights in the Ohio Constitution has revised its amendment summary and submitted new signatures after Attorney General Mike DeWine rejected their initial attempt to get on the ballot. The Voters Bill of Rights would add items to the constitution that are controversial among some Republicans, such as preserving a 35-day early voting period, specifiying extended hours for early voting, allowing a voter to cast a provisional ballot anywhere in the correct county and moving toward online voter registration. Supporters say their effort is a reaction to several new laws that may make voting more difficult for some – in exchange for added security, fairness and efficiency, Republicans say.

Ohio: Early voting eliminated on Sundays across Ohio | Cincinnati.com

Ohio voters this year will not be able to cast votes at boards of elections on Sundays – and that has some Democrats angered across the state. Voters will still be able to cast ballots weekdays and two Saturdays in the four weeks before Election Day under a directive issued Tuesday by Republican Secretary of State Jon Husted. They’ll also be able to cast early ballots by mail. But to Hamilton County Board of Elections Chairman Tim Burke, who is also the county’s Democratic Party chairman, Sunday voting is “critical.”

Ohio: Cuyahoga County, FitzGerald prepare for early voting fight | The Columbus Dispatch

Making good on a promise, the leader of Ohio’s largest county is taking legal action to counteract the state legislature’s new restrictions on early voting. And since the Cuyahoga County executive, Ed FitzGerald, is also a candidate for governor, that means he could be matched in a court challenge against current Gov. John Kasich. FitzGerald rolled out a series of actions during a press conference this morning outside the Cuyahoga County Board of Elections. Last Friday, Kasich signed Senate Bill 238, which eliminates “Golden Week” – when Ohioans could register and vote on the same day – by shortening early voting by a week. He also signed Senate Bill 205, which makes legislative approval a requirement before the secretary of state can mail out absentee-ballot applications statewide, and forbids counties from doing so on their own.

Ohio: Husted cuts early voting method favored by blacks | MSNBC

Ohio Secretary of State Jon Husted announced Tuesday he is cutting early voting on Sundays and weekday evenings, dealing another blow to the voting rights effort in the nation’s most pivotal swing state. Husted’s change would spell doom for a voting method that’s popular among African-Americans in Ohio and elsewhere. Many churches and community groups lead “Souls to the Polls” drives after church on the Sunday before the election. There’s little doubt that cuts to early voting target blacks disproportionately. In 2008, black voters were 56% of all weekend voters in Cuyahoga County, Ohio’s largest, even though they made up just 28% of the county’s population. “By completely eliminating Sundays from the early voting schedule, Secretary Husted has effectively quashed successful Souls to the Polls programs that brought voters directly form church to early voting sites,” said Mike Brickner, a spokesman for the Ohio American Civil Liberties Union, in an email.

Ohio: Cuyahoga County considering legal action against election bills, FitzGerald says | The Columbus Dispatch

Gov. John Kasich signed two GOP-sponsored bills today that shorten early voting in Ohio and change the process for mailing absentee ballot applications statewide, potentially inviting a legal challenge from his likely Democratic opponent. Kasich put his name on Senate Bill 238 — which eliminates “Golden Week,” when Ohioans could register and vote on the same day — and Senate Bill 205, which requires the approval of the legislature for the secretary of state to mail absentee applications statewide. Democratic gubernatorial candidate Ed FitzGerald, who also serves as the elected Cuyahoga County executive, said he has asked his county law director to review the two bills and is considering taking legal action. “We’ve done that before,” FitzGerald said. “We are the only county in Ohio that when they tried to change the election rules at the last minute in 2012, of course there was a lawsuit over that, there was only one county in Ohio that filed an amicus (friend-of-the-court) brief.

Ohio: Kasich signs both elections bills; ‘livid’ FitzGerald may take action | The Columbus Dispatch

With Gov. John Kasich’s signature now on two Republican-sponsored bills that reduce early voting, eyes turn toward his likely Democratic challenger to see if he follows through on a threat to challenge the new laws in court. Yesterday, Kasich signed Senate Bill 238, which eliminates “Golden Week” — when Ohioans could register and vote on the same day — and shortens early voting by a week. He also signed Senate Bill 205, which makes legislative approval a requirement before the secretary of state can mail out absentee-ballot applications statewide. Democratic gubernatorial candidate Ed FitzGerald, who also is the elected Cuyahoga County executive, said he has asked his county law director to review the two new laws for possible legal action. “We’ve done that before,” said FitzGerald, who emailed supporters after Kasich signed the bills to say he was “livid.”

Ohio: Husted: BOE can move, but locals choose early voting site | Cincinnati.com

Hamilton County leaders can move elections operations to Mount Airy, but the issue about where to put early voting remains unsettled in the wake of Ohio Secretary of State Jon Husted’s tie-breaking vote on the matter. The decisions have national implications. Ohio – and Hamilton County in particular – are key battlegrounds in presidential elections, and how elections are conducted here can affect whose votes get counted. In the 2012 presidential election, more than 24,000 people voted early, in-person, at the Downtown location. “They need to find a place everyone can live with,” Husted told the Enquirer. “I’m not trying to tell anyone in Hamilton County where their early voting should be.” Husted added: “Honestly, the current location is not the best location.”

Ohio: Republicans move to curb early, absentee voting | Washington Post

Ohio voters will have shorter windows in which to cast early ballots under a proposed measure headed to Gov. John Kasich’s desk this week after the Republican-dominated legislature moved to cut almost a full week off the state’s early voting window. The House on Wednesday passed a measure that would end what’s known as “golden week,” the six days of early voting during which a voter can both register to vote and cast an in-person absentee ballot at the same time. Democrats and voting-rights groups opposed the measure, which passed the state House on a party-line vote. The Senate had passed an identical bill in November, so the proposal now heads to Kasich, who is likely to sign it.

Ohio: Voters’ Bill of Rights blocked in Ohio | MSNBC

Concerned about the coming wave of restrictive voting laws in their state, black Ohio leaders are working to get a “Voters’ Bill of Rights” on the ballot this fall. But the state’s top legal official, a Republican, is putting obstacles in their path. And some voting law experts suggest he’s twisting the law to do so. Ohio remains the single most pivotal state for presidential elections, so its rules for voting could well have major national implications come 2016. The Ohio Legislative Black Caucus (OLBC) wants a constitutional amendment that would declare voting “a fundamental right,” expand early voting, and make it harder to use challenges to disqualify ballots, among other measures. The effort is a response to an aggressive push by state Republican lawmakers to make voting more difficult. Bills that would cut early voting, end same-day registration, and make it harder to get an absentee ballot are likely to pass the GOP-controlled legislature in the coming weeks. There is no explicit right to vote in the U.S. Constitution—an omission some lawmakers want to fix.

Ohio: House passes bills to change absentee ballot rules, eliminate six days of early voting | Cleveland Plain Dealer

The GOP-controlled Ohio House passed along party lines on Wednesday two bills that make changes to the mailing of absentee ballot applications and cut six days from Ohio’s 35-day early, in-person voting period. The Senate approved House-made changes to the bills before sending them to Gov. John Kasich, who is expected to sign them into law. Senate Bill 238 would eliminate six early voting days referred to as “golden week,” when people can both register to vote and cast an in-person absentee ballot. The Ohio Association of Election Officials recommended the five-day period be scrapped to create a clean break between when voters can register and when they can cast ballots. The bill passed in a 58-39 vote in the House and the Senate passed the bill along party lines, 23-10, on Nov. 20, 2013.

Ohio: GOP bill alters Ohio rules for provisional ballots | The Columbus Dispatch

As two controversial election bills head to the House floor today, Democrats and elections officials yesterday raised concerns about a third bill dealing with provisional ballots that is likely to get a committee vote this morning. Current provisional ballot envelopes require a voter’s printed name, a form of identification and the voter’s signature. Senate Bill 216 also would require the voter to add date of birth and a current and former address, plus check a box instructing the voter to provide those addresses. The new information would allow the envelope to double as a voter-registration form.

Ohio: 3rd voting-restriction bill set to clear House panel today | Toledo Blade

The third bill so far this year imposing new restrictions on casting ballots is expected to clear a committee today on its way to the full House. The bill, which would increase the field of information voters must supply for their last-resort provisional ballots to be counted, will have to wait in line. Two bills affecting absentee and early voting are ahead of it for full House votes as soon as today. Under the bill, a voter who casts a provisional ballot must provide a current home address and birth date on top of existing requirements for name, signature, and the last four digits of the voter’s Social Security number or a driver’s license number. Senate Bill 216, sponsored by Sen. Bill Seitz (R., Cincinnati), also clarifies that it would be the voter’s responsibility, not the workers at the poll, to ensure the information is complete. If it is determined that the information was incomplete, the board of elections will contact the would-be voter by mail to give him up to seven days after the election to fix it.

Ohio: House panel readies for vote on new provisional-ballot rules | Cleveland Plain Dealer

A week after approving two election reform bills, a state House panel is set to vote Wednesday on another piece of legislation that would tighten rules for casting a provisional ballot in Ohio. Under Senate Bill 216, voters would be required to provide their address and date of birth when casting an absentee ballot. The measure would also reduce the amount of time provisional voters would have to produce valid identification from 10 days after Election Day to seven. Thirdly, the bill would codify federal court rulings from the 2012 campaign season that required elections officials to count ballots from voters who voted in the right polling place but the wrong precinct without being told of their mistake.

Ohio: Attorney General Mike DeWine rejects petition for Voter’s Bill of Rights referendum | cleveland.com

Ohio Attorney General Mike DeWine on Thursday rejected a Democratic-backed petition for a statewide referendum on a Voters Bill of Rights, saying proponents’ summary language was misleading. Proponents of the proposed constitutional amendment, which include the Ohio Legislative Black Caucus, say they plan to move quickly to submit new summary language along with another 1,000 signatures as a first step toward putting the measure on the November ballot. In a release, DeWine said the summary language, which would describe the proposed amendment to voters, ran afoul of federal law in two places.

Ohio: Aging voting machines could jeopardize elections, officials say | The Columbus Dispatch

Across much of the country, voters are casting ballots at voting machines with expired warranties or outdated components. For the next election, these machines will likely suffice, but these decade-old machines could fail in the next few years. The problem is two-fold: Many Ohio counties say they do not have the money to purchase replacements for their 2005-era machines, and anyway, there’s little incentive for them to update. Voting-machine technology hasn’t advanced much since the federal government last revised its certification standards — in 2005.

Ohio: Republican Lawmakers On Verge Of Limiting Early Voting In Ohio | WBNS

Supporters say reform of Ohio’s election laws is overdue.  But opponents say a series of voting bills being voted on at the statehouse are designed solely to help Republican incumbents. “It really bothers me that we are making it more difficult to vote and more difficult to have your vote counted,” said Peg Rosenthal from the League of Women Voters.  “A lot of people work six days a week, or hold down several jobs.  They’re objecting to Sunday voting when that’s the only day some people have available.” The Ohio House is expected to vote next week on a bill that will end “Golden Week” – the period when a person can register and vote on the same day.  It will also cut early voting from 35 to 29 days. “If they wanted to restrict the number of days, why aren’t they at the same time talking about expanding the number of hours just before election day,” said Rosenthal.  “You could even go back and revisit the question of how many early voting locations you have for in-person voting.”