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.

Ohio: Lawyers descend on Ohio – just in case | cincinnati.com

Hamilton County Democratic Party chairman Tim Burke recently joked that the possibility that Ohio could keep the nation waiting for weeks to learn who won Tuesday’s presidential election was “really a plot to fill Ohio's hotels with lawyers.” As with many jokes, this one has some basis in fact. Because as Election Day approaches, the first wave of lawyers already is swarming over Ohio to prepare for the possibility that the election may be decided not just at the polls, but in court. The most lawyer-intensive scenario, many agree, will surface if hundreds of thousands of absentee and provisional votes in Ohio remain, by law, uncounted until at least mid-November.

Ohio: Provisional Ballot Order: The Biggest Legal Story of the Weekend | The Atlantic

With just a few dozen hours left before polls open on Election Day, here is a candidate for the most important election-law story of the weekend -- a story likely to cross over into the general political debate Sunday through Monday. This early copy from the Associated Press offered a hint:

COLUMBUS, Ohio -- Voter advocates are criticizing an order by Ohio's elections chief dealing with the casting of provisional ballots. Advocates are saying on Saturday that the order by Ohio Secretary of State Jon Husted late Friday wrongly puts the burden of recording the form of ID used on a provisional ballot on voters, not pollworkers ....

Ohio: Voting machine problems: Reports across county of wrong candidates being selected | wtsp.com

Sophie Rogers, director of the Marion County Board of Elections, said the incident involving an errant vote has been settled. "We have to assure the members of Marion County that there is nothing wrong with the election," she said on Wednesday. When a Marion Star article pointing out the problem a local early voter had getting her vote to register properly hit the internet, it sparked national attention. With numerous callers and emailers contacting The Star, including readers from Florida, Oregon, Texas and New York, it is not an isolated incident.

Ohio: Problems pop up as Election Day draws near | The Columbus Dispatch

Unlike past elections, an initial wave of election results should pour in from across the state Tuesday night within 45 minutes after the polls close. But that doesn’t mean it will be time to call the race. “My expectation is we will be able to declare a winner on election night,” Secretary of State Jon Husted said yesterday during a briefing about Election Day and beyond.But he also projected that final, unofficial counts might not be finished until 3 a.m. the day after the election.

Ohio: Election may not wrap up Tuesday | The Columbus Dispatch

If the presidential election really does come down to Ohio, and the Buckeye State is as close as some recent polls indicate, America might not know its next president until December. That could plunge Ohio into the middle of a bitter legal drama reminiscent of the 2000 presidential election in Florida. From hanging chads to butterfly ballots, the Sunshine State came under heavy criticism for how it conducted the vote, which was eventually decided by the U.S. Supreme Court. Could Ohio withstand similar scrutiny? “Truthfully, it will likely come down to one simple question: Is it close?” said Aaron Ockerman, executive director of the Ohio Association of Elections Officials. “If it is, and the scenarios (outlined below) come true, things will get ugly.

Ohio: Search For Mythical Voter Fraud Leads To False Sighting In Ohio | Huffington Post

Right-wing activists bent on exposing the alleged epidemic of in-person voter fraud suffered a major misfire over the weekend when anonymous pollwatchers set off alarms over groups of Somalis getting rides to a central Ohio early voting center. Many members of the large Somali community in and around Columbus are U.S. citizens and therefore have the constitutional right to vote. But that didn't stop the conservative Human Events website from warning of "troubling and questionable activities" -- or the Drudge Report getting its readers exercised about "Vanloads of Somalians driven to the polls in Ohio." The Human Events story quoted two anonymous pollwatchers complaining of "Somalis who cannot speak English" arriving in groups, being given a slate card by Democratic party workers outside the polling place, then coming in and being instructed by Somali interpreters on how to vote. The article also raised the question of "whether a non-English speaking person is an American citizen." One regular contributor to the right-wing American Thinker website likened the voters to "Somali pirates" being used by Ohio Democrats to "hijack the election." Somali leaders in central Ohio said the charges in the article were upsetting as well as unfounded.

Ohio: State data glitch delays delivery of thousands of Ohio voter registration records | cleveland.com

A small fraction of Ohio voters’ absentee ballot requests may have been mistakenly rejected due to a recently discovered glitch in the transfer of change-of-address records. Even though the deadline for voters to register or change their address was three weeks ago, Ohio Secretary of State Jon Husted just this week sent about 33,000 updated registration records to local elections officials. The local boards had to immediately process the records to ensure those voters could properly cast a ballot in the Nov. 6 election. An unknown number of absentee ballot applications across the state have been rejected due to the delay because election officials did not have some voters’ current addresses.

Ohio: Provisional ballots could keep Ohio’s presidential outcome in doubt for days after election | cleveland.com

As the presidential race narrows in Ohio, the Buckeye State runs the risk of preventing the United States from calling a winner for days after the Nov. 6 election. A wild card in declaring a winner on Election Night could be thousands provisional ballots. Provisionals are given to voters when their eligibility is in question, often because of address changes or discrepancies. Election boards hold the ballots 10 days to determine eligibility. "If it's a really tight race, we could be in a position where we don't know [the winner] until provisional ballots are counted," said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University Moritz College of Law. "If Ohio is held up, and Ohio is essential to know who won, then the presidency is going to get held up."

Ohio: Say Hello to the Ohio Official Who Might Pick the Next President | Andrew Cohen/The Atlantic

On August 31st, one day after the Republican National Convention ended in Tampa, a federal judge in Ohio issued a ruling that stymied an effort by Republican officials there to limit early voting dates for hundreds of thousands of registered voters. Citing the United States Supreme Court's Bush v. Gore ruling, the 5-4 decision which ended the 2000 Florida recount, U.S. District Judge Peter Economus wrote that Ohio lawmakers and bureaucrats couldn't, by "arbitrary and disparate treatment, value one person's vote over that of another."

Ohio: Husted appeals provisional ballot ruling | Cincinnati.com

Ohio Secretary of State Jon Husted on Friday appealed a federal judge’s ruling that Ohio must count provisional votes cast in the wrong location due to poll worker error so long as they are cast in the correct county. That “vote anywhere” approach, Husted argues, could be burdensome to poll workers and potentially create chaos at polling places throughout the state, viewed as a pivotal battleground between President Barack Obama and Republican nominee Mitt Romney.

Ohio: Romney/Hart voting conspiracy theory spreads | Cincinnati.com

Hamilton County officials find themselves facing an unexpected distraction as they prepare for next month’s presidential election: a conspiracy theory that investments by Mitt Romney’s political allies in a voting machine company could rig Ohio’s results.The topic began gaining traction on the Internet earlier this month, propelled largely by left-wing websites spreading the idea that Romney-linked investments in Hart InterCivic, a Texas-based voting machine firm, could somehow jeopardize the accuracy of Ohio’s vote count on Nov. 6.

Ohio: Liberal critics worry about Romney connection to voting machines in Ohio | The Washington Post

Hart InterCivic is an Austin-based voting machine company that serves local governments nationwide. Its clients include Hamilton County, Ohio, which administers elections in Cincinnati. Hart InterCivic also has in its DNA just enough traces of Bain & Co. and Mitt Romney campaign donors to trigger serious angst in the liberal blogosphere about the fate of Ohio’s must-have 18 electoral votes.

Ohio: State Prepares for Close Election Amid Fears of Another Florida 2000 Mess | The Daily Beast

Less than two weeks ahead of Election Day, only one thing seems clear amongst the constant noise about Big Bird, a nuclear Iran, and bayonets and horses: the presidency will hinge on how Ohio votes. Ohioans seem to be taking their task seriously: 7.9 million residents are registered to vote, and more than 800,000 Ohioans have already cast their ballot for president, according to data released Tuesday by Ohio Secretary of State Jon Husted’s office. Ohio voters will have 246 hours to vote in person before Election Day and 750 hours to cast their absentee ballots; 1.6 million Ohioans have requested or cast an absentee ballot for the general election, and almost 6.9 million absentee ballot applications have been sent out.

Ohio: Romney-linked voting machine company to count votes in Ohio | Salon.com

Voting machine provider Hart Intercivic will be counting the votes in various counties in the crucial swing states of Ohio and Colorado and elsewhere throughout the country come Nov. 6 — even though it has extensive corporate ties to the Mitt Romney camp, and even though a study commissioned by the state of Ohio has labeled its voting system a “failure” when it comes to protecting the integrity of elections. Reports of Hart Intercivic’s ties to Romney first surfaced in late September, in a blog post by Gerry Bello and Bob Fitrakis in the Free Press, an Ohio website that reported that a key investor in Hart was HIG Capital, seven of whose directors were former employees of Bain & Co., a consulting company of which Mitt Romney was once CEO. (Romney left the company in 1984 to co-found a spinoff company, Bain Capital.) HIG Capital announced its investment in Hart on July 6, 2011, just one month after Romney formally announced the launch of his presidential campaign.

Ohio: All Ohioans’ votes will count, Husted says | Toledo Blade

Ohio Secretary of State Jon Husted said he believes every Ohioan will be able to easily vote in Nov. 6 election — a message somewhat overshadowed by his opinion that recent federal court rulings hinder the state’s ability to run an election. He was the keynote speaker at a day-long symposium Friday at the University of Toledo college of law. During a half-hour talk, the Republican secretary of state addressed voting accuracy and accessibility and spoke of updates in the state’s voter information that will lead to increased confidence in elections. Sponsored by the Toledo Law Review, the legal symposium focused on how elections are financed and monitored. Titled “Votes and Voices in 2012: Issues Surrounding the November Election and Beyond,” the conference included four panels discussing issues.

Ohio: The Campaign To Steal Ohio | The New Republic

When I heard the sound of loud drumming on a sleepy Toledo street on a Tuesday afternoon, I knew I had come to the right place. I followed the beat to a garage, where I found a guy in his forties hammering away on a large drum kit. He no longer had the shaggy hair or the leather jacket, but I knew it was Jon Stainbrook, the frenetic former drummer of ‘80s punk band The Stain. In its heyday, The Stain released an album and a couple EPs, and played venues in New York and Hollywood. It had a small group of hard-core fans, although its peak notoriety came from taking more famous bands to court for trademark violations, such as in the case of The Stain v. Staind. To be clear, I am not actually a fan of The Stain, which I had never heard of until a month ago. I had tracked down Stainbrook because he is the most important Republican official in one of the most important counties in Ohio and I needed to ask him some questions about the election.

Ohio: Senate Democrats Demand Investigation Into Voter Fraud Group | City Beat

Ohio Senate Democrats sent a letter to Ohio Secretary of State Jon Husted and Ohio Attorney General Mike DeWine on Wednesday asking them to investigate True the Vote (TTV), a Tea Party group established to combat alleged voter fraud. The Democrats claim TTV is unnecessarily intimidating voters. In the letter, the Democrats say they would find voter fraud to be a serious problem if it was happening, but they also note recent studies have found no evidence of widespread voter impersonation fraud. An Oct. 4 Government Accountability Office study could not document a single case of voter impersonation fraud. A similar study by News21, a Carnegie-Knight investigative reporting project, found a total of 10 cases of alleged in-person voter impersonation since 2000. That’s less than one case a year.

Ohio: Husted says he will probe any voter intimidation | Dispatch Politics

If Secretary of State Jon Husted becomes aware of voter intimidation in this year's election, he will act swifty to investigate and seek prosecution of any offenders, spokesman Matt McClellan said today. His comments came in response to a warning to Husted from the 10 Democratic Ohio senators about the activities of a Houston-based group, True The Vote. The tea party group "insists that voter fraud is a pervasive problem and has taken it upon itself to employ questionable, and possibly illegal, methods to combat the 'problem'. These methods have turned up no fraud and have posed a serious threat of intimidation of entirely eligible voters," the senators said in a letter today to Husted. "Working through an affiliated group, the Ohio Voter Integrity Project, True the Vote has challenged hundreds of voters in Hamilton (380 challenges) and Franklin (308 challenges) counties. The overwhelming majority of these challenges were rejected, but not before the voters involved were frightened by the prospect of being denied the opportunity to vote."

Ohio: Fight ends over early voting in Ohio as US Supreme Court refuses to step in | CSMonitor.com

The US Supreme Court on Tuesday declined an invitation to enter a raging election-year legal dispute in Ohio over the state legislature’s decision to eliminate one form of early voting for most voters in the three days prior to the Nov. 6 election. The action lets stand earlier decisions clearing the way for all Ohio voters to engage in early voting on the Saturday, Sunday, and Monday before Election Day. The high court action comes less than three weeks before Election Day and more than two weeks after voters in Ohio began casting early ballots on Oct 2.

Ohio: Husted says election boards can’t notify absentee voters of errors | WLWT

Voter rights groups in Ohio took issue Tuesday with an order from the state's elections chief that bans local boards of elections from calling or emailing voters in the presidential battleground state about errors or incomplete information on their absentee ballots.  According to the Oct. 4 directive, "notification may not be made via telephone, email, facsimile, or by any means other than in writing by first class mail." Voters would then need to appear at their board during office hours to address any problems. Husted also has told boards to provide accommodations for the disabled.  The order is a change from how absentee voters were notified of errors in 2008. Former Secretary of State Jennifer Brunner, a Democrat, permitted boards to alert voters by phone, email or letter that there were problems with their ballots.

Ohio: Supreme Court won’t block early voting in Ohio | The Associated Press

The Supreme Court on Tuesday cleared the way for voters in the battleground state of Ohio to cast ballots on the three days before Election Day, giving Democrats and President Barack Obama's campaign a victory three weeks before the election. The court refused a request by the state's Republican elections chief and attorney general to get involved in a battle over early voting. Ohio is among 34 states, plus the District of Columbia, where people can vote early without giving any reason. About 30 percent of the swing state's total vote — or roughly 1.7 million ballots — came in before Election Day in 2008. Crucial to Obama's win that year was early voting in Ohio, North Carolina and Florida. Obama won Ohio four years ago, but Republican rival Mitt Romney is making a strong play for it this year. No GOP candidate has won the White House without Ohio in his column.

Ohio: Courts have yet to resolve Ohio election fights | MSNBC

Last week, the Centralized Voter Registration system — a computer program that contains the names, addresses and party affiliation of all registered voters in the state — failed a stress test. Another test was conducted on Sunday and preliminary reports from the Secretary of the State’s office indicated that things went well. But the real test will come on Thursday when 100 registrars throughout the state will try to log onto the system at the same time and print out their voter lists or do other pre-election tasks. Mark Raymond, the state’s chief information officer, said last week that they were continuing to “fine tune” the system and believe that they would be able to ensure that the database is accessible in the lead-up to the Nov. 6 election. The deadline to register by mail is Oct. 23, but you can register in person until Oct. 30.