Well … maybe, but that depends on what remedy the lawsuit demands. The DNC, Ohio Democrats, and the campaign for Barack Obama’s re-election have indeed filed a lawsuit in Ohio over an exception for early voting for members of the military and civilians overseas, claiming it sets up an unconstitutionally “disparate” treatment from other voters. But does that mean eliminating the exception altogether, or extending it to everyone? … Breitbart’s Mike Flynn and these military groups assume that the lawsuits intend to restrict access to the military to the Friday deadline, the same as everyone else in Ohio. … But is the remedy sought by Democrats to force members of the military to adhere to the Friday deadline, or to eliminate the deadline altogether? Neither the KTVU nor theBloomberg reports make it clear what remedy the plaintiffs seek — and that’s really the crux of the issue here.
Prior to changes in the law passed by the Republican-controlled state legislature and by Governor John Kasich, everyone could submit an early ballot in person or by mail all the way through Monday, but access over the weekend for in-person voting was inconsistent in Ohio’s 88 counties. The counties would have to pay overtime over these weekends to keep offices open, which is probably why some didn’t do so. The new law restricted early voting to the Friday before the election, but left an exception for military members to cast votes in person through Monday.
The question then becomes this: why not let everyone cast votes on Monday, too? What state interest is being served by having all the facilities for early voting open on Monday but only limiting access to them for those in the armed service? It’s certainly nice to give troops a perk, but if the polling booths are open, why restrict it at all? It’s a fair question, especially if the remedy sought is to extend that Monday deadline for everyone.