Ohio: Voters testify in fraud hearings – explanations for errors range from bad postage to bad advice | Cincinnati.com

A Hamilton County Board of Elections hearing on Friday into possible vote fraud last November produced no Perry Mason moments but plenty of evidence of voter confusion – not over for whom to vote, but how to vote. In the first of two hearings intended to give subpoenaed individuals who voted twice a final chance to explain their actions and avoid possible prosecution, the explanations ranged from poll workers’ advice to worries over inadequate postage on absentee ballots to whether the ballots had even been mailed at all. One of the most popular responses: “I don’t remember.” At least in the handful of cases reviewed in full Friday, no sinister motives or actions emerged. The board plans to hold another hearing next week, then decide which of the roughly 20 cases still being investigated – from among about four times that number initially examined – should be forwarded to county prosecutors.

Ohio: Defiance County, Ohio at center of elections ‘Scandal’ | electionlineWeekly

It was about 48 hours after the polls closed on November 6, 2012 when Defiance County, Ohio Elections Director Pamela S. Schroder got the late-night text on her phone from another Ohio county elections official. It’s the type of message no elections official wants to get. There was talk on television of vote rigging in Defiance County. Schroder looked at the text on her phone and thought “Why us?” Fortunately for Schroder, while the text was real, the talk wasn’t. It is part of a story line on the ABC drama Scandal. Scandal is a primetime drama on ABC starring Kerry Washington as public relations “fixer” in Washington, D.C.

Ohio: Secretary of State Jon Husted and other Republicans say Electoral College changes not in store for Ohio | cleveland.com

Count Ohio’s Republican leaders out of a GOP-backed effort to end the Electoral College’s winner-take-all format in the Buckeye State and other presidential battlegrounds. Spokesmen for Gov. John Kasich, State Senate President Keith Faber and House Speaker William G. Batchelder told The Plain Dealer this week that they are not pursuing plans to award electoral votes proportionally by congressional district. Batchelder went a step further, saying through his communications director that he “is not supportive of such a move.” And Republican Secretary of State Jon Husted, the state’s chief elections administrator, emphasized that he does not favor the plan either, despite Democratic suspicions based on reported comments that he said were taken out of context. “Nobody in Ohio is advocating this,” Husted said in a telephone interview.

Ohio: Columbus Democrat wants voting rights cemented in Constitution | Columbus Dispatch

Saying he wants to better secure the right to vote in the Ohio Constitution, Rep. Michael Stinziano is proposing a ballot issue that he says would establish that the right should be paramount above other administrative issues. The Columbus Democrat said he wanted to throw the idea out there as lawmakers begin preparations for the new General Assembly, which is likely to feature another debate over election law changes. Stinziano said 21 states have different right-to-vote issues in their constitutions. “It struck me as a little peculiar that Ohio isn’t one of those states,” he said.

Ohio: Election law on Senate Democrats’ agenda | The Columbus Dispatch

Senate Democrats rolled out a list of legislative priorities yesterday focused on jobs, election law and healthier families. The push will include election-law changes that emphasize access to voting. Republicans are likely to craft their own set of election-law changes, and a clash is expected. Sen. Nina Turner, D-Cleveland, a potential candidate for Ohio secretary of state, said the goal will be to ensure that county election boards can “marry the needs of their constituencies in terms of voting.” She noted that Cuyahoga County had five weekends for early voting in 2008, but just one last year. “Voters had less voting opportunities in 2012,” she said. “Shaping voting times to only be during traditional work hours, that has an impact only on working-class folks.”

Ohio: Lawmakers are likely to change election laws, again | WKSU

The men and women who run Ohio elections wrapped up a three-day conference in Columbus last week, just in time for state lawmakers to return to the capital, where they’re likely to take up changes in Ohio election law. As statehouse correspondent Karen Kasler reports, county elections board members and workers have lots of ideas on how to make elections run smoother. Legislators have been changing election laws a lot over the last two years. So Republican Secretary of State Jon Husted opened the Ohio Association of Elections Officials conference with his list of what he wants lawmakers to take on now.

Ohio: Husted reports high number of provisional and absentee ballots cast in the presidential election | cleveland.com

Ohioans cast a record number of absentee ballots in last year’s presidential election, according to a new report that also found more provisional ballots were cast in November compared to four years ago. More than 1.86 million absentee ballots and 208,087 provisional ballots were cast in Ohio in the Nov. 6 election, according to the secretary of state’s report released today. About 17 percent, or 34,322, of the provisional ballots cast were rejected. Nearly 60 percent of the rejected ballots were ineligible because the voter was not registered in Ohio, the report said

Ohio: O’Farrell files suit to contest vote count in State Legislative race | The Times-Reporter

Josh O’Farrell, the Democratic challenger for the Ohio House of Representatives 98th District, filed a lawsuit to contest the election with the state Supreme Court on Monday. The complaint involves several provisional and absentee ballots that were rejected by the Tuscarawas County Board of Elections, and were not included when the board certified the election Dec. 14. O’Farrell lost to Republican incumbent Al Landis by eight votes, with Landis leading 23,393 votes to 23,385, in both Tuscarawas and Holmes counties. “It’s a basic tenet of our democracy that elections are decided by voters, not individuals, both at the state and local level, who manipulate the election process, even if that means disenfranchising voters in order for their preferred candidate to remain in office,” O’Farrell said.

Ohio: Data entry error inflated tally of provisional ballots at site | The Columbus Dispatch

A data-entry error is responsible for election officials believing that voters at a polling location in northwestern Franklin County cast an abnormally large percentage of provisional ballots in November. On Monday, The Dispatch reported that almost a month after the election, county board of elections officials had not been able to explain why almost 1 in every 3 votes cast at a polling location in Washington Township were provisional ballots. In fact, just 1 in every 20 votes cast there was by provisional ballot, elections officials said yesterday.

Ohio: Cuyahoga County’s Jane Platten bids farewell – credited with turning around troublesome jurisdiction | electionlineWeekly

Cuyahoga County, Ohio’s elections chief Jane Platten hasn’t been around as long as some of her peers in the elections world, but she certainly has faced her share of ups and downs. And it is the fact that there were far more ups than downs that it came as a surprise when she announced her resignation in late November. In 2007, Platten became the county’s fourth elections director in seven years after the county suffered a series of disastrous elections and was put under administrative oversight by the Ohio secretary of state’s office.

Ohio: Husted: Feds should pay for new voting machines | Cincinnati.com

Ohio Secretary of State Jon Husted said Monday there is one major thing the federal government could do to help improve elections in Ohio: give the state the tens of millions of dollars it needs to upgrade or replace its aging voting machines. “Our machines are old – they’re wearing out,” Husted told a conference on the 2012 election sponsored by the Pew Center on the States. “We can’t run an … election system on the cheap.”

Ohio: State Rep. Phillips Concerned About Provisional Ballot Process | WOUB

Nearly one month after Election Day, politicians are still debating about the conditions under which provisional ballots are counted in the State of Ohio. State Representative Debbie Phillips (D-Athens) said she believes some Ohio citizens have not had their voices heard in this year’s election and has cited several problems with the way provisional ballots are counted in the state.  She said some voters’ ballots are being wrongfully purged and rejected, and worries that some ballots are not being counted because of errors caused by poll workers or glitches in the system.

Ohio: State reps call Ohio’s provisional process ‘broken’ | Athens Messenger: News

Ohio State Reps. Debbie Phillips, D- Albany, and Kathleen Clyde, D- Kent, are working to expose the state’s “broken” provisional ballot process, the two stated in a news release on Wednesday. They said they believe the state’s high number of rejected provisional ballots could be affecting two Ohio House of Representatives races, which are now heading to a recount. According to the Ohio Secretary of State’s Office website, “A provisional ballot is used to record a vote if a voter’s eligibility is in question and the voter would otherwise not be permitted to vote at his or her polling place.” Such scenarios for this include a recent change in address, not providing identification at the polls, or your signature not matching the one on your voter registration.

Ohio: Split Ohio Supreme Court says redistricting map is constitutional | cleveland.com

A legislative map drawn in 2011 by the state apportionment board is constitutional, a deeply divided Ohio Supreme Court ruled on Tuesday. The 4-to-3 court ruling means the once-a-decade drawn map, which currently tilts heavily in favor of Republican candidates who would vie for seats in Ohio’s 99 House districts or 33 Senate district, will remain in place. The map was drawn by the Republican-controlled apportionment board in September 2011.

Ohio: Fears of voter fraud unfounded | Dayton Daily News

Local election results that were certified Monday and Tuesday appear to show that pre-election warnings of widespread voter fraud or significant voter disenfranchisement did not come to pass. Some political groups — usually conservative-leaning — warned of double-voting and challenged hundreds of voters’ eligibility. But a review of six local counties — Montgomery, Greene, Warren, Clark, Butler and Miami — where 751,795 people cast ballots shows only two cases where election officials referred a voter to the prosecutor’s office for investigation. “I don’t know where people hear these horror stories (of fraud), but we haven’t seen it around here” said Sally Pickarski, deputy director of the Clark County Board of Elections.

Ohio: Husted illegally tossing provisional ballots, Dems say | Columbus Dispatch

With two Ohio House races hanging in the balance, Democratic lawmakers threatened a lawsuit today over provisional ballots they contend are improperly being thrown out at the direction of GOP Secretary of State Jon Husted. “We urge Secretary Husted to work with us and take immediate action to avoid costly litigation and to rightfully count the votes of all Ohioans,” said Rep.Kathleen Clyde, D-Kent. “The stakes are very high with this provisional ballot crisis, and Ohioans’ rights are in the balance. Let’s work together, fix these problems, and count the votes.” The answer from Matt McClellan, spokesman for Husted: “We disagree with the representative from the 68th district (Clyde) as this is simply another attempt to create controversy where none exists. We are confident in our reading of the law, which has been affirmed by the 6th (U.S.) Circuit Court of Appeals. We are required to follow the law and uphold the integrity of the process.”

Ohio: Husted soothes Electoral College tempest – Says his comments ‘badly taken out of context’ | Cincinnati.com

Ohio Secretary of State Jon Husted on Wednesday disputed online reports that he was proposing a dramatic overhaul of how Ohio conducts presidential elections, saying he does not favor scrapping the Electoral College’s winner-take-all format in favor of awarding electoral votes by congressional districts. Husted, who frequently found himself engulfed in controversy throughout the presidential race, sought to extinguish another nascent political fire started by reports in recent days that he had called for division of electoral votes by congressional district in future years.

Ohio: Cuyahoga County elections chief Jane Platten leaving to take job at prosecutor’s office | cleveland.com

Cuyahoga County Board of Elections Director Jane Platten, who helped bring credibility and efficiency to the once-broken office, announced Tuesday she is taking a job as chief of staff for Cuyahoga County Prosecutor Timothy J. McGinty. Platten’s resignation comes two weeks after a largely trouble-free general election in Cuyahoga County — an occurrence much less common under previous elections directors. “When I told people that I had accepted the job as Board of Elections director, many of the reactions I received were, ‘Are you crazy?’ or they laughed,” Platten recalled in an interview Tuesday. “People’s perception of the Board of Elections was that it was an agency of extreme turmoil and it was broken, and we turned it around.”

Ohio: State begins counting provisional ballots | The Chillicothe Gazette

Ohio election officials were allowed Saturday to begin counting provisional ballots after a last-minute court battle that threatened to inject a layer of uncertainty in the ­process. The stakes are smaller with the presidential race decided, although Ohio has three state House races whose outcomes still are unknown. They could determine whether Republicans will increase their ­majority. Republicans have a 58-38 edge, but if that grows to 60 or more, the GOP could automatically place ballot issues before voters.

Ohio: Federal judge rips Jon Husted for unconstitutional change to Ohio election rules | cleveland.com

A federal judge blasted Ohio’s elections chief on Tuesday, questioning his motives for setting new vote-counting rules that violated state law just days before the presidential election. In a scathing 17-page ruling, U.S. District Judge Algenon Marbley said a directive on counting provisional ballots that Ohio Secretary of State Jon Husted issued on Nov. 2 was “a flagrant violation of a state elections law” that could disenfranchise voters. “The surreptitious manner in which the secretary went about implementing this last minute change to the election rules casts serious doubt on his protestations of good faith,” Marbley wrote.

Ohio: Federal court sides with coalition saying Ohio must count provisional ballots with incomplete voter ID | Toledo Blade

A federal court judge sided Tuesday with a homeless coalition and said Ohio must count provisional ballots cast on Nov. 6 that lack or contain incomplete voter identification information. Secretary of State Jon Husted promptly said his office would appeal the ruling to the Cincinnati-based U.S. 6th Circuit Court of Appeals. “Secretary Husted will appeal today’s ruling because it allows protentially fraudulent votes to be counted,” said Husted spokesman Matt McClellan. “By eliminating the ID requirment on provisional ballots, the ruling is contrary to Ohio law and undermines the integrity of the election.”

Ohio: Black Vote in Ohio Fueled by Voter-ID Bills | Yahoo! News

For African-Americans in Ohio, coming out to vote during this election was personal. Many saw the state’s voter-ID bills as a direct threat to rights denied their ancestors decades earlier. Fueled as much by angst against the ID mandate as enthusiasm for a black president, African-Americans voted at a rate so much higher than 2008 that they may have been the decisive voting bloc. President Obama captured Ohio, arguably the most important battleground state, thanks to record African-American turnout. The Resurgent Republic, an independent not-for-profit organization that gauges public opinion, pointed out, “If African-American turnout was in line with 2008, Romney would have won Ohio,” according to Politico.

Ohio: Federal Judge on Ohio’s Ballot Order: ‘Democracy Dies in the Dark’ | Andrew Cohen/The Atlantic

On the day after Election Day, just hours after Mitt Romney had conceded the presidential race to President Obama, Ohio Secretary of State Jon Husted sent his public lawyers into a federal courtroom in Columbus to try to disenfranchise his fellow citizens whose provisional ballots were not properly completed by poll workers. Here is the transcript for the extraordinary hearing held Wedneday by U.S. District Judge Algenon Marbley. It’s worth a read to get a sense both of the judge’s dismay at Ohio’s position and Ohio’s utter lack of a reasonable defense for Husted’s voter-suppression efforts.

Ohio: Election Law Quirk Could Play Big Role if Vote Tally Sparks Court Fight | Law.com

As a key battleground in this year’s presidential election, Ohio has already seen its share of voting-related litigation. The U.S. Court of Appeals for the Sixth Circuit has already weighed in with several rulings on the counting of provisional ballots and on expanded early voting hours. But there is another important legal issue peculiar to Ohio that hasn’t gotten much attention so far, though it will be a significant factor should the state’s election tally spark litigation. Under a little-noticed provision of Ohio law, federal election results cannot be challenged in state court.

Florida: Voting disputes: A perfect legal storm in Ohio and Florida? | latimes.com

There was the actual storm. Then there is the metaphorical perfect storm. With polls showing a close presidential race, fears have risen that the integrity of Tuesday’s presidential election could be thrown into doubt by either damage from super storm Sandy, which has created enormous voting challenges in New York and New Jersey, or the confluence of ballot box disputes in battleground states. Armies of lawyers were at the ready Monday as tussles continued over voting, especially in Ohio and Florida, the two states considered most likely to throw the presidential election into an overtime ballot dispute reminiscent of the Bush-Gore race of 2000.

Ohio: Complicated process for counting provisional ballots could decide the presidency | cleveland.com

After 7:30 p.m. today, it’s no longer about which candidate you voted for. It’s about which votes get counted. If today’s presidential election in Ohio is too close to call, the state’s complicated process for counting provisional ballots will likely face national scrutiny. The process will play out slowly and painstakingly over the next couple weeks, and in the end, Republican Secretary of State Jon Husted ultimately could be the person who decides which provisional ballots must be counted and which will be tossed. “That will get dicey,” said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University’s Moritz College of Law. “That just shows a structural weakness in our system.”

Ohio: Recount plan could take election into overtime | USAToday

Election Day could launch election month in Ohio, a weeks-long period in which deadlines for counting provisional or absentee votes and, if necessary, for a recount could delay the outcome of the presidential race until early December. If there is a recount of the presidential race — triggered by the victorious candidate winning by less than one-fourth of 1 percent of the total Ohio vote — state officials would have to shorten some timetables specified in state law to meet the deadline. Under Ohio election codes, Secretary of State Jon Husted has until Dec. 7 to certify the statewide results. Five days later, a recount could begin Dec. 12. Both dates, however, could be moved up — and would have to be if a particularly close race mandates a recount.

Ohio: Law Could Bring Long Delays in a Recount | NYTimes.com

Election Day in Ohio is Tuesday, as in every other state in the union. But if the margin in the presidential contest is narrow here, as many polls predict, the winner may not be known until well into December. Ohio, like several of the other battleground states that are expected to determine the outcome of the election, has a labyrinthine recount procedure that ensures weeks of delay and the likelihood of a mountain of lawsuits. Election officials and election law experts are praying for a result here that Daniel P. Tokaji, a law professor at Ohio State University, described as “outside the margin of litigation.”

Ohio: Election Law Quirk Could Play Big Role if Vote Tally Sparks Court Fight | American Lawyer

As a key battleground in this year’s presidential election, Ohio has already seen its share of voting-related litigation. The U.S. Court of Appeals for the Sixth Circuit has already weighed in with several rulings on the counting of provisional ballots and on expanded early voting hours. But there is another important legal issue peculiar to Ohio that hasn’t gotten much attention so far, though it will be a significant factor should the state’s election tally spark litigation. Under a little-noticed provision of Ohio law, federal election results cannot be challenged in state court.

Ohio: Huge turnout, long lines for early voting in Ohio | cleveland.com

Early voters jammed county election boards across Ohio Sunday on the last weekend day before the election in a state where that presidential election may well be decided. At some sites, lines snaked several city blocks and it took hours for voters to get inside to cast a ballot. In Cleveland, more than 2,500 people braved the cold in a line that stretched two blocks and started forming two hours before the doors opened, but moved quickly all afternoon. Polling stations were open from 1 p.m. to 5 p.m. across the state.