Tag Archives: early voting

U.S. Attorney General Eric Holder agreed Wednesday to accept Florida’s revised early-voting plan for five counties covered by the federal Voting Rights Act. Holder filed his response with a three-judge panel in Washington, D.C. Last month, the panel ruled that a new Florida election law that reduced early voting to 8 days from as many as 14 violated the federal law in the designated counties because they could discourage minority voting. The judges, though, indicated they’d approve a plan that still provided 96 hours of early voting – the same as under Florida’s previous law. The state plan submitted by Republican Gov. Rick Scott’s administration meets that criteria with eight 12-hour days including 12 on a Sunday that weren’t previously offered.

Ohio: Secretary of State rescinds order blocking early voting hours on three days leading to election day | cleveland.com

Ohio Secretary of State Jon Husted on Friday rescinded a directive that blocked boards of election from setting in-person early voting hours over the final three days leading up to Election Day. The Republican secretary’s decision was in response to a federal judge who this week ordered Husted to appear in his court on Sept. 13 because the directive appears to not adhere to a recent U.S. District Court ruling. On Aug. 30, Judge Peter C. Economus, of the U.S. District Court for the Southern District of Ohio, ruled that a new state law – which would have shut down early voting after 6 p.m. on Friday, Nov. 2, until the polls opened on Tuesday, Nov. 6 – is unconstitutional. His written opinion added: “This court anticipates that defendant Secretary of State will direct all Ohio elections boards to maintain a specific, consistent schedule on those three days.”

Ohio: Federal judge restores early voting in Ohio | Los Angeles Times

A federal judge ordered the battleground state of Ohio to open its polling places three days before the Nov. 6 election, giving a victory to the Obama campaign and marking the sixth ruling in recent weeks to block or void new voting rules set by Republican-dominated state legislatures. Friday’s decision restores early voting on the final weekend and Monday before election day, a time when more than 93,000 Ohio voters cast ballots in 2008. Last week, a three-judge court restored weekend early voting in parts of Florida that are subject to the Voting Rights Act. And on Wednesday, another Florida judge voided part of a state law that would have prevented groups such as the League of Women Voters from registering new voters. A Texas law was dealt two setbacks earlier this week when federal judges in Washington struck down a strict new photo identification requirement and threw out election districts that undercut the voting power of Latinos and blacks. Voting-rights advocates hailed what they saw as a rebuke to those who would curb an essential right.

Voting Blogs: Non-Retrogression, Equal Protection, and Ohio’s Early Voting Case | Election Law @ Moritz

The United States Court of Appeals for the Sixth Circuit has set an expedited briefingschedule in the Obama campaign’s case over early voting in Ohio. The state’s brief is due this coming Monday (9/10), with Obama’s response a week later (9/17), and the state’s reply (if any) the Friday of that same week (9/21). As this appellate process gets underway, I wish to make one observation about an innovative and intriguing aspect of the federal district court’s unexpected order, issued last Friday. (In separate development, the district court has ordered Ohio’s Secretary of State Jon Husted to appear at a hearing next Thursday (9/20) to explain his response to the court’s Friday order.) The district court ruled that the state must restore for Ohio’s entire electorate the three days of early voting immediately preceding the traditional Election Day. These three days existed in 2008 and more recently, until taken away in 2011 by a convoluted series of legislative enactments (combined with some implementing directives from the Secretary of State). The district court did not base its ruling on the ground that these three days of early voting are constitutionally compelled. Rather, the court relied on the ground that the state had left open the possibility that these three days of early voting would be available only to military voters this year, and that the state did not have an adequate justification for differentiating among military and non-military voters in this way. (For further details on the court’s ruling, see my colleague Steve Huefner’s insightful analysis from the day of the district court decision.)

Ohio: Secretary of State Jon Husted must appear in federal court to explain delay in restoring early voting | cleveland.com

September 6, 2012

A federal judge ordered Secretary of State Jon Husted on Wednesday to personally appear next week at a hearing about his reluctance to restore early voting the weekend before the Nov. 6 election. Judge Peter Economus, whose ruling Husted has resisted, scheduled the hearing on Sept. 13 in the U.S. District Court in Columbus. Economus set the hearing after President Barack Obama’s re-election team filed a motion Wednesday requesting the court to enforce its order to restore in-person early voting during the final three days before the presidential election. In-person early voting over the final weekend before the Nov. 6 election has emerged as a signature issue for Democrats who have repeatedly bashed Republicans’ attempts to limit early voting opportunities. Husted, a Republican, once again took fire from Democrats with a directive he issued on Tuesday.

Ohio: Obama Camp Fights Ohio’s Move To Ignore Early Voting Ruling | TPM

September 6, 2012

The Obama campaign filed a motion on Wednesday asking a federal court to force the state of Ohio to obey its decision to restore early voting in the three days before the November election. The motion was filed in response to an announcement from Ohio Secretary of State Jon Husted, who said Tuesday that he wouldn’t set early voting hours until an appeals court ruled on a decision made by U.S. District Judge Peter Economus last week. Economos found that the “public interest is served by restoring in-person early voting to all Ohio voters.”

Ohio: Choose Your Uncertainty: Ohio SoS Goes Slow on Early Voting Pending Appeal | Election Academy

September 6, 2012

Last Friday, a federal court judge in Ohio issued an order in Obama for America v. Husted directing the State of Ohio to restore early voting for all Ohio voters on the three days before Election Day 2012. On Tuesday. Secretary of State Jon Husted issued a directive in response to the order. The directive notes that the order is being appealed and states, in pertinent part:

Announcing new hours before the court case reaches final resolution will only serve to confuse voters and conflict with the standard of uniformity sought in Directive 2012-35 [concerning early voting]. Therefore, there is no valid reason for my office or the county boards of elections to set hours for in-person absentee voting the last three days before the election at this time. If the appellate courts ultimately reverse the trial court’s decision, in-person absentee voting for non-UOCAVA voters will end the Friday before the election. If however, the appellate courts uphold the trial court’s decision, I will be required to issue a consistent uniform schedule for statewide in-person voting hours for the last three days before the election. I am confident there will be sufficient time after the conclusion of the appeal process to set uniform hours across the state.

Editorials: A Ballot Box Tactic With Deep Historical Roots | The Root

September 5, 2012

In states from Florida to Pennsylvania, Republican Party efforts to diminish minority voting strength for this year’s presidential election are a sobering reminder that the struggle for full civil rights is not over. But it’s not only black voters who should be concerned about Republican voter-suppression tactics. The GOP’s war on voting is a serious attack on the fundamental workings of our democracy. It is, at its core, an attempt to negate the important victories of the early 1960s that laid the foundation of our modern representative democracy. To understand the breadth of the threat represented by voter-ID laws and other new practices designed to suppress votes in Democratic districts, it’s important to realize that the effort to dismantle obstacles to voting rights for black voters in the South during the early 1960s did more than just enfranchise African Americans. It exposed the myriad ways in which key aspects of the American electoral system were fundamentally unfair for all voters. In particular, the disproportionate power afforded to underpopulated rural jurisdictions over the more populous cities was corrected by the Supreme Court in a series of cases that dismantled the framework of unequal voting power that had existed in the South since the turn of the 20th century.

Ohio: Husted bars local election officials from setting early voting hours pending appeals court decision | cleveland.com

September 5, 2012

Ohio Secretary of State Jon Husted on Tuesday prohibited county boards of elections — for the time being — from setting hours to open their doors for early voting the weekend before the presidential election. Although a federal judge last week restored in-person early voting during the last three days before the Nov. 6 election, Husted said it would be inappropriate to set voting hours for those days because the judge’s ruling has been appealed. “The constitutionality of the statute setting in-person absentee voting hours is still subject to court review and it would further confuse voters to set hours now that the court may change later,” Husted said in a directive issued Tuesday to all 88 county boards of elections.

National: Voter ID and early voting cases heat up in courts across the country | CSMonitor.com

National: Late court decisions may impact 2012 election | The Associated Press

Before voters get a say in this year’s presidential race, lawyers and judges are having theirs.A series of court battles in several states may determine, over the next several weeks, everything from how people cast their votes, when polling locations will be open and what ballots will look like. Many cases have a partisan bent, with rulings potentially tipping the scales slightly in favor of Democrats or Republicans. The legal fights have entered an urgent phase, two months before the Nov. 6 election and just a few weeks before military and overseas absentee ballots must go out. Pennsylvania lawyers recently filed briefs arguing whether an appeal on the state’s strict voter ID law should be held in September or October. Opponents won a mid-September court date, which is late even by their standards. “This is by no means impossible, but certainly the closer you get a decision to Election Day the harder it is to make changes,” said Vic Walczak, legal director of the American Civil Liberties Union of Pennsylvania. Wisconsin’s attorney general is making a late push in the courts to reinstate voter ID requirements.

Ohio: State ordered to restore weekend early voting in judge’s ruling | The Washington Post

A federal judge ruled Friday that Ohio must allow in-person voting on the weekend before the presidential election, a victory for Democrats who claimed Republican efforts to close down early voting were aimed at discouraging voters most likely to support President Obama. The ruling is the second this week on Ohio voting. Ohio has allowed in-person voting the weekend before the election since 2005, and U.S. District Judge Peter C. Economus said Friday that the state did not offer a convincing argument as to why it was changing the rules now. The change contained an exception for military voters, and the Obama campaign and Ohio Democrats said all voters should be allowed to vote on the weekend.

Voting Blogs: OFA v. Husted: Understanding the Ohio Early Voting Decision | Election Law @ Moritz

Today’s federal district court ruling in Obama for America v. Husted raises several interesting issues. The case, which began only last month, quickly achieved some notoriety as an attack on military voting rights protected both by state law and by the federal Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA), though in fact it was merely an effort to leverage some of the additional accommodations that Ohio was offering military (or UOCAVA) voters into a basis for restoring early in-person voting for all Ohio voters. In that regard, today’s decision provides exactly the relief that the Plaintiffs desired, subject to an appeal to the Sixth Circuit. Before exploring some implications of today’s decision, it may be helpful to consider some background. From 2005 to 2010, Ohio’s early voting law permitted early in-person voting up through the Saturday, Sunday, and Monday before Election Day, a three-day period during which close to 100,000 voters may have voted in the 2008 presidential election. In 2011, however, the Ohio legislature amended the applicable statutory provisions to halt early voting at 6:00 p.m. on the Friday before Election Day. Unfortunately, the legislative process by which Ohio arrived at this reduced early voting period was not a model of clarity.

National: Pre-Election Legal Battles Target Voting Rules | NPR

August 25, 2012

If you vote, you might very well be confused about what the rules will be when you go to cast your ballot this fall. There’s been a flood of new laws on things such as voter identification and early voting, and many of them are now being challenged in court. Some cases could drag on until Nov. 6, Election Day, and beyond. The outcomes will affect voters, and maybe even the results. Last week alone, a Pennsylvania judge rejected an effort to stop that state’s new voter ID law from going into effect. A federal panel blocked Florida’s plan to limit early voting hours. Another court is expected to rule on a Texas voter ID law any day now.

Florida: Over objections, Florida asks court to approve early voting plan | MiamiHerald.com

August 25, 2012

Florida is asking a federal court to approve eight 12-hour days of early voting in five counties, saying it would not harm African-American voters. Gov. Rick Scott’s administration filed papers with U.S. District Court in Washington, saying that 96 hours of early voting, from 7 a.m. to 7 p.m. for eight days, including a Sunday, would comply with the Voting Rights Act. Hillsborough, Collier, Hardee and Hendry counties agreed in writing to hold eight 12-hour days of early voting in an effort to win statewide approval of the new schedule from a panel of three federal judges. Those four counties and Monroe, in the Florida Keys, cannot implement changes to voting without federal approval so that minority voters are protected from discrimination. The state acted despite Monroe County’s refusal to join the other four counties in the state’s request. Monroe wants 12 days of early voting for eight hours each day, saying that is better for Keys voters.

National: Gloves come off as general election approaches – State and local election officials butt heads over variety of issues | electionlineWeekly

August 24, 2012

With only 75 days until the November 6, 2012 General Election, more and more news stories are focusing on the increasingly contentious nature of the administration of that election — especially between state and local officials. From voter purges to early voting to a general lack of confidence, state election officials seem to be clashing with local elections administrators on a more frequent basis as summer turns to fall. Interestingly enough — or not — most of these state/local clashes have occurred in swing states. One of the more high profile instances has been in Florida, where Gov. Rick Scott recently threated to remove from office Monroe County Supervisor of Elections Harry Sawyer for Sawyer’s failure to agree with the state’s early voting law. Scott and several elections supervisor butted heads over the state’s plans to review information from the U.S. Dept. of Homeland Security and purge voter rolls of potential non-citizens, but it never reached the height that it has over early voting.

Editorials: Florida election laws threaten the vote in a key swing state | The Washington Post

August 24, 2012

In 2011, Florida Gov. Rick Scott (R) signed into law a measure that imposed more than 75 restrictions on Florida voters, ostensibly to combat voter fraud. These included requirements that make it more difficult for third-party organizations to register voters, limits on early voting and a plan to purge voter rolls of non-citizens. As with many of the voter limitations imposed by Republican state governments since they won election in 2010, these measures are likely to favor Republican candidates — and Florida is the ultimate swing state. Thankfully, a federal judge in Florida has issued a preliminary injunction against the law, which would interfere with the ability of organizations like the League of Women Voters to register voters in time for the election.

Florida: Election official pushes back against early-voting change | Reuters

August 23, 2012

A fight over early voting in Florida deepened on Wednesday as an election official who will oversee voting in the Florida Keys in November’s presidential election refused to reduce the number of early-voting days despite a warning from the state’s governor. Harry Sawyer, the supervisor of elections in Monroe County, which includes the Keys, told Reuters he plans to allow 12 days of voting ahead of the election even though a 2011 Florida law cut the number to eight. Florida is among a handful of states that could determine the outcome of the race between Democratic President Barack Obama and Republican candidate Mitt Romney. The issue of early-voting restrictions has also played out in Ohio, another prized swing state, where the Obama campaign filed a lawsuit to legally challenge moves by state officials to reduce the number of early-voting days. Democrats claim early voting restrictions are designed to limit Democratic voter turnout, particularly among working-class voters, who are more likely to work jobs with less flexibility to take time off to vote. Republicans argue the measures are intended to reduce voter fraud.

Florida: Scott appears to threaten Monroe County supervisor of elections | The News-Press

August 23, 2012

Gov. Rick Scott issued a statement Tuesday that some read as a veiled threat to the Monroe County supervisor of elections, escalating a conflict over early-voting days in the run-up to the November elections. Harry Sawyer, the Republican supervisor in Monroe, said Monday he didn’t support an effort by Secretary of State Ken Detzner to get federal approval for Monroe and four other counties to reduce the number of early-voting days from as many as 14 to eight. Because of a history of racial or language discrimination, those counties must get “preclearance” from the U.S. Department of Justice or a federal court for any changes to voting policies. The Legislature in 2011 passed a law that included reducing the number of early-voting days statewide, but a three-judge federal court last week rejected that change in the preclearance counties. The panel, however, said it could likely approve a reduction in the number of voting days if all five counties agreed to keep offices open for 12 hours on each of the eight days, which would maintain the same number of hours for voting.

Florida: Keeping track of Florida early voting challenges | www.wokv.com

August 22, 2012

State lawmakers are now pressuring Florida Governor Rick Scott to extend the number of early voting days offered after a federal court ruled the new law could not take effect in some counties. The current law cuts the number of early voting days offered by the state and includes a few other regulations. A federal court ruled last week that the reduction could not be enforced in five Florida counties covered by the Voting Rights Act because it would directly impact the ability of minorities to vote. Because the state wants one unified election plan which covers all of Florida’s 67 counties, officials are now working with the elections office in those counties to bridge the gap.

Editorials: The Fake Voter Fraud Epidemic and the 2012 Election | TPM

Of all the developments in The Voting Wars since 2000, the lead story has to be the successful Republican effort to create an illusion of a voter fraud epidemic used to justify a host of laws, especially tough new state voter identification requirements, with the aim to suppress Democratic turnout and to excite the Republican base about “stolen” elections. Democrats sometimes have exaggerated the likely effects of such laws on turnout—we won’t see millions of voters disenfranchised by state voter id laws, for example. But in a very close presidential election, as we are likely to see in November, new voter id rules, voter purges in places like Colorado and Florida, cutbacks in early voting in Ohio, and other technical changes have the potential to suppress Democratic turnout enough to swing the election from Obama to Romney. How did we get here? Our story begins with what Josh has aptly referred to as “bamboozlement” by a group of political operatives, “The Fraudulent Fraud Squad.”

Florida: Rick Scott, Democrats fight over Florida early voting | MiamiHerald.com

The fight over early voting is escalating in Florida as Gov. Rick Scott seeks agreement among counties for eight days and Democrats demand 12 days. At issue is whether all 67 counties will operate under one early voting schedule, or five counties — including Monroe — will offer more days than all the others. Days after a federal court ruled that eight days of early voting could depress African-American turnout, Scott’s chief elections advisor tried to get five counties to agree to eight days of early voting anyway — for 12 hours a day. Court approval is critical. Because of past evidence of discrimination, election law changes need clearance from the federal government or federal courts before they taking effect in Monroe, Hillsborough, Collier, Hardee and Hendry counties. Because the judges rejected the shorter early voting schedule in those counties last week, the counties must provide up to 14 days of early voting under the old law.

Voting Blogs: The Effects of Florida’s HB1355 Early Voting Law on Turnout | electionsmith

As was reported widely in the press, if not entirely accurately, last Thursday night a Washington, DC, panel of federal judges handed down a unanimous ruling that restrictions placed on early voting in Florida should continue not to be implemented in the five counties covered by Section 5 of the 1975 amendments to the 1965 Voting Rights Act. Florida, said the judges, “has failed to satisfy its burden of proving that those changes will not have a retrogressive effect on minority voters.” With respect to early voting, House Bill 1355–which was passed on party line votes by the Florida legislature and signed into law by Republican Governor Rick Scott in May 2011–is likely to have a differential impact it is likely to have on racial and ethnic minority voters in the 2012 general election. In addition to my testimony before the US Senate on the topic, I’ve co-authored with Professor Michael Herron of Dartmouth College a soon-to-be published article in Election Law Journal that reveals the heavy reliance of early voting by minorities in the 2008 general election. We found that in the 10 Florida counties that offered voting on the final Sunday of early voting in 2008, there was a surge in turnout among minority voters, especially African Americans. That final Sunday of voting was eliminated under HB1355. Since then, Florida voters have participated in two statewide primary elections in 2012 under a dual system of elections, which very well may violate state law.

Ohio: Election Official Stands By Jab At Black Turnout “Machine” | BuzzFeed

A top Ohio Republican Sunday stood by his comment that the state’s voting procedures shouldn’t be “contort[ed] to accommodate the urban — read African-American — voter-turnout machine.” In an interview with BuzzFeed, Franklin County GOP Chairman Doug Preisse, a close ally of Governor John Kasich, said his comment — which provoked Democratic outrage — was simply straight talk. Democrats “are trying to say that I had somehow consciously constrained hours for that purpose,” Preisse said. “No, I am saying the opposite, that I am asking the question, and I am indeed questioning how far this process of democratic, small ‘d’, democratic voting process should be contorted to favor a political operation. I don’t think we should go overboard in doing that.” Preisse’s comment to today’s Columbus Dispatch were taken as a smoking gun by Democrats and progressives, who said — as one liberal Ohio blogger wrote — that Preisse had acknowledged an effort to “suppress black voters.” Preisse scoffed at the criticism, telling BuzzFeed of a disputed voting plan put forth by Republican Ohio Secretary of State Jon Husted, “I believe it should be easy to vote, and I believe that under this plan it is.

Voting Blogs: GOP Admits Early Voting Cutbacks Are Racially Motivated | The Nation

Earlier this month I reported how Ohio Republicans were limiting early voting hours in Democratic counties, while expanding them on nights and weekends in Republican counties. In response to the public outcry, Ohio Secretary of State Jon Husted, who intervened in favor of limiting early voting hours in Democratic counties, issued a statewide directive mandating uniform early voting hours in all eighty-eight Ohio counties. Husted kept early voting hours from 8 am to 5 pm on weekdays from October 2 to 19 and broadened hours from 8 am to 7 pm from October 22 to November 2. But he refused to expand early voting hours beyond 7 pm during the week, on weekends or three days prior to the election (which is being challenged in court by the Obama campaign)—when it is most convenient for many working Ohioans to vote. Rather than expanding early voting hours across the state, Husted limited them for everybody. Voter suppression for all!

National: Voter empowerment that fits in your pocket | NBC

Let’s say you’re an average voter who spends his life working multiple jobs, and have limited time to watch the news, so you ignore the fact that voter ID laws have changed in your state. Or maybe you’re an elderly voter who has difficulty making your monthly expenses, let alone paying the $20 or so dollars that will get you a state ID. Or perhaps you’re a new voter, and lack information about the ID requirements, so when you show up on polling day, you’re turned away. In either case, if you happen to live in a state where the voting restriction laws have been enacted, you may be out of luck… and out of the voting process. None of these scenarios can seem very farfetched, given the slew of voter suppression laws popping up all over the country. Now, a coalition of organizations, including the Lawyers’ Committee for Civil Rights Under Law (LCCRUL), the National Association of Latino Appointed and Elected Officials Education Fund (NALEO), the New Organizing Institute (NOIEF), Rock the Vote and the Verified Voting Foundation have taken a brazen step in figthing these laws. The coalition just launched the Election Protection smartphone app, a dynamic smartphone application to educate and empower voters across the country.

Editorials: Military voters as political pawns | UTSanDiego.com

It’s the election season, and the battle for the presidency and control of Congress is being fought not just through voter registration drives, endless campaign ads, and stadium rallies, but also in courts across America. Litigation over election rules has become increasingly commonplace since the disputed 2000 election in Florida, which led to the United States Supreme Court choosing George W. Bush over Al Gore. And as in 2000, the question of military voters and military ballots is back in the media and legal spotlight, with Republicans unfairly accusing Democrats of being anti-military. A federal district court in Ohio will soon decide the Obama campaign’s challenge to an unusual Ohio law. The law allows military voters and overseas voters, but no other voters, the right to cast an in-person ballot in the three days before Election Day. Democrats argue that this law is unconstitutional because it “requires election officials to turn most Ohio voters, including veterans, firefighters, police officers, nurses, small business owners and countless other citizens, away from open voting locations, while admitting military and nonmilitary overseas voters and their families who are physically present in Ohio and able to vote in person.”

Florida: As always, Florida in the middle of the voting wars | The Washington Post

Stick a pin almost anywhere on a map of Florida and you’ll find a legal battle over who will be eligible to vote in the coming presidential election — and when, and how, and where. In a state crucial to Mitt Romney’s battle to replace President Obama, a law passed in 2011 by the Republican legislature and signed by Gov. Rick Scott (R) has created an awesome wake of litigation. The law imposes more than 75 changes, including restrictions on who can register voters and limits on the time allowed for early voting. Sponsors of the measure said it creates a more reliable system that combats voter fraud, while opponents, a group that included every Democratic lawmaker, called it a partisan ploy to suppress voters who traditionally favor Democrats. But unlike the frenzied trip to the U.S. Supreme Court that followed the close of voting in the 2000 presidential race, the Sunshine State’s legal battles are being waged in advance of the November vote.

Ohio: Election Official Says Early Voting Process Should Not Accommodate Black Voters | Huffington Post