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.

National: Legal arms race begins as both sides prepare to do battle in court | The Independent

Battalions of lawyers are readying for legal challenges in battleground states after Tuesday’s election, fearing a replay of the nightmare, razor-close 2000 contest in Florida between Democrat Al Gore and Republican George W Bush, who emerged victorious as President only after a Supreme Court decision. With the 2012 election again too close to call, the Democratic and Republican parties have dispatched legal advisers to polling stations across the country with a particular focus on the politically polarised states of Ohio (where Democrats are understood to have deployed more than 2,000 legal experts), Florida, Wisconsin and Virginia, whose votes could decide the election outcome.

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: 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: 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: 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: 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: 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: 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: 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: Secretary of State appeals early voting ruling to U.S. Supreme Court | Hudson Hub Times

Republican Secretary of State Jon Husted will appeal to the U.S. Supreme Court to determine whether Ohio should open its early polls to all voters on the final three days before Election Day. Husted announced the move Oct. 9, several days after a federal appeals court sided with an earlier judge’s ruling allowing voting on Nov. 3, 4 and 5 — a decision he called “an unprecedented intrusion … into how states run elections. This ruling not only doesn’t make legal sense, it doesn’t make practical sense,” Husted said in a released statement. “The court is saying that all voters must be treated the same way under Ohio law but also grants Ohio’s 88 elections boards the authority to establish 88 different sets of rules. That means that one county may close down voting for the final weekend while a neighboring county may open one. How any court could consider this a remedy to an equal protection problem is stunning.”

Ohio: Secretary of State appeals early voting ruling to U.S. Supreme Court | Hudson Hub Times

Republican Secretary of State Jon Husted will appeal to the U.S. Supreme Court to determine whether Ohio should open its early polls to all voters on the final three days before Election Day. Husted announced the move Oct. 9, several days after a federal appeals court sided with an earlier judge’s ruling allowing voting on Nov. 3, 4 and 5 — a decision he called “an unprecedented intrusion … into how states run elections. This ruling not only doesn’t make legal sense, it doesn’t make practical sense,” Husted said in a released statement. “The court is saying that all voters must be treated the same way under Ohio law but also grants Ohio’s 88 elections boards the authority to establish 88 different sets of rules. That means that one county may close down voting for the final weekend while a neighboring county may open one. How any court could consider this a remedy to an equal protection problem is stunning.”

Ohio: Elections chief Jon Husted restricts methods to notify voters of absentee ballot errors | cleveland.com

For the presidential election, Ohio Secretary of State Jon Husted has placed new restrictions on how local boards of elections can notify voters if their absentee ballot contains an error. Husted, a Republican, issued a directive Oct. 4 that limits the method of communication to first-class mail when a voter’s absentee ballot identification envelope contains errors, such as a missing name or signature, or if the information on the envelope does not match voter registration records. Election officials cannot notify voters by email or phone, even though voters may provide that information when applying for an absentee ballot, the directive said. Husted’s office says the directive was issued to ensure uniformity across the state. But Democrats say the directive is another example of Husted making it more difficult to vote. Earlier this week, Husted appealed to the U.S. Supreme Court an appellate court decision that allows in-person early voting the weekend before the Nov. 6 election.

Ohio: State Fights on Early Voting, Provisional Ballots | Roll Call

One of two legal challenges to Ohio’s voting procedures could end up before the Supreme Court in the next few weeks,  creating the possibility of an eleventh-hour decision affecting the nearly 8 million voters in  the crucial swing state. President Barack Obama’s re-election campaign has until Friday evening to respond to a request by Ohio Secretary of State Jon Husted (R) that the Supreme Court stay a lower court’s ruling blocking changes in the state’s early voting rules that would allow only military voters to cast ballots during the three days before Election Day. The same federal appellate court that made that ruling is considering another case related to provisional ballots. The Service Employees International Union challenged the state’s refusal to count ballots cast in the wrong precinct as a result of poll worker error. The U.S. Court of Appeals for the Sixth Circuit is expected to weigh in on that case within the next week, and the decision could lead to another high court appeal.

Editorials: Ohio’s Secretary of State Subverts Voting Rights | The Nation

Once again, political experts are predicting that the 2012 presidential election could be decided in the battleground state of Ohio, like it was in 2004. Remember what happened that year? George W. Bush won the state by a narrow 118,000 votes in an election marred by widespread electoral dysfunction. “The misallocation of voting machines led to unprecedented long lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters,” found a post-election report by Democrats on the House Judiciary Committee. According to one survey, 174,000 Ohioans, 3 percent of the electorate, left their polling place without voting because of massive lines in urban precincts and on college campuses. Ohio’s Secretary of State that year was Ken Blackwell, co-chairman of the Bush-Cheney re-election campaign.

Ohio: Early voting reinstated in Ohio | The Washington Post

A federal appeals court on Friday sided with President Obama’s reelection campaign and said that if Ohio allows military voters to cast ballots in the three days leading to Election Day, it must extend the same opportunity to all voters. A three-judge panel of the U.S. Court of Appeals for the 6th Circuit said the state had not shown why voting during the Saturday-Sunday-Monday period should be offered to only one group of voters. “While there is a compelling reason to provide more opportunities for military voters to cast their ballots, there is no corresponding satisfactory reason to prevent non-military voters from casting their ballots as well,” wrote Circuit Judge Eric L. Clay. “The public interest . . . favors permitting as many qualified voters to vote as possible,” he added.

National: Republican Voter Laws Face Scrutiny As Obama Wins Mount | Bloomberg

With 39 days left before the U.S. presidential election, time is running out for judges to resolve voter access lawsuits in states including Ohio and Florida where a few thousand votes may be the margin of victory between President Barack Obama and Mitt Romney. A federal appeals court in Cincinnati is considering Ohio Attorney General Mike DeWine’s bid to overturn rulings blocking Republican-sponsored restrictions on early voting and provisional ballots. In Pennsylvania, voters are waiting to hear whether courts will enforce laws requiring them to show photo identification at the polls. “The sooner these matters can be resolved the better,” Matt McClellan, spokesman for Ohio Secretary of State Jon Husted, a Republican, said in a telephone interview. “They’re in an expedited process and we hope they will be resolved well in advance of the election.”

Editorials: Should partisans be in charge of our elections? | CBS News

Imagine that the umpire in a baseball game was affiliated with one of the teams on the field. Would you trust him to call the game fairly? You most likely would not. Yet when it comes to elections, Americans trust officials from the two political parties to oversee the process in a fair way. There are 36 states in which elections are overseen by an elected, partisan secretary of state or lieutenant governor, according to the National Association of Secretaries of State. In another three states – Florida, Pennsylvania and Texas – partisan secretaries of state appointed by the governor oversee elections. These officials vow to carry out their duties in an impartial manner. The Constitution of the National Association of Secretaries of State says that members commit to “practicing fair and unbiased election administration that recognizes each eligible citizen’s right to cast his or her vote, and for that vote to be counted with the highest regard to constitutional foundations.”

Ohio: Ohio Secretary of State Husted Suggests ‘More Strict’ ID Law | City Beat

It seems Ohio may soon get a controversial voter ID law. While speaking at a Tea Party event in Cincinnati on Monday, Secretary of State Jon Husted said the General Assembly is likely to take up a voter ID law after the November election. “I was listening to a show one night where they talked about these onerous rules, these onerous photo ID rules and the onerous rules in Ohio on photo ID,” he said. “Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the General Assembly will take up a more strict version of what we have after what we’ve been through with this election process.”

Ohio: Secretary Of State Talks About Need To ‘Streamline’ Voter ID Requirements | Huffington Post

Ohio Secretary of State Jon Husted, who has been fighting a lawsuit from the Obama campaign trying to restore early voting, said voter identification requirements needed to be streamlined, and that the General Assembly would take up a “more strict” version of Ohio’s voter ID requirements. “I was listening to a show one night where they talked about these onerous rules, these onerous photo ID rules and the onerous rules in Ohio on photo ID,” he said at a Tea Party event in Cincinnati, according to audio circulated by the Ohio Democratic Party. “Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the General Assembly will take up a more strict version of what we have after what we’ve been through with this election process.”

Ohio: Obama Campaign Asks Court to Uphold Ohio Vote Ruling | Bloomberg

President Barack Obama’s campaign organization asked a U.S. appeals court to uphold a lower-court ruling that equalized Ohio’s number of early voting days leading up to the Nov. 6 national election. U.S. District Judge Peter Economus ruled Aug. 31 that all Ohio citizens must be allowed to cast pre-Election Day ballots through Nov. 5, agreeing with the Obama campaign and state and national Democratic parties that Ohio’s plan to grant three more early or absent voting days to residents in the armed forces or living overseas was unconstitutional. Economus last week rejected a request by Ohio Secretary of State Jon Husted to delay enforcement of his decree until the federal appeals court in Cincinnati and then, potentially, the U.S. Supreme Court reviews the case. The Obama campaign told the appeals court in a Sept. 17 brief that ending early balloting on Nov. 2 for all except overseas residents and military personnel imposes a significant burden on the right to vote.

Ohio: Early voting boon to voters but can lead to problems, officials say | Coshocton Tribune

Ohio’s chief elections officer proudly hails a new program under which every registered voter will receive an absentee ballot application as a step that will “turn their kitchen table into a voting booth” in this fall’s presidential election. Now all voters have to do is make sure their ballots don’t end up — to stick with Secretary of State Jon Husted’s analogy — going down the electoral garbage disposal. Husted’s plan marks the first time in Ohio history that all of the state’s nearly 8 million registered voters will receive absentee applications.

Ohio: Democrats, Husted Still At Odds Over Ohio Weekend Voting | WBNS

A federal judge has denied a request by Ohio’s elections chief to hold off enforcing his court’s order on disputed early-voting days. Secretary of State Jon Husted asked the judge to stay the ruling that restores early voting on the final weekend and the Monday before the November election while the state appeals the decision. Husted said he did not want to confuse voters by setting hours a court could later change. A judge in Columbus said Wednesday that Husted did not demonstrate his likelihood of succeeding on appeal or show “sufficiently compelling reasons” for the stay. He said Husted also didn’t show there would be enough time after the appeals process to set new hours.

Ohio: Secretary of State Jon Husted frustrated by court challenges but confident in state’s elections operation | cleveland.com

Ohio Secretary of State Jon Husted, a young and rising star in the Ohio Republican Party, has become one of the most embattled election officials in the country, thanks to a spate of recent court decisions his critics have used to fuel their charges of voter suppression. Judges in three courts have ruled against Husted and forced the secretary to set early voting hours on the weekend before Election Day, revisit how provisional ballots are handled and rewrite misleading ballot language for a redistricting proposal. Those rulings came on the heels of a barrage of state and national criticism Husted already faced over Ohio’s uneven rules for early voting. He responded last month by setting uniform hours throughout the state, but invited more criticism by excluding weekend voting.

Ohio: Judge denies Ohio elections chief’s request in early voting dispute | The Marietta Times

A federal judge on Wednesday denied a request by Ohio’s elections chief to hold off in enforcing his court’s order on disputed early voting days in the presidential battleground state. Secretary of State Jon Husted had asked the judge last week to stay his ruling that restores early voting on the final weekend and Monday before the November election while the state appeals the decision. Husted said he didn’t want to confuse voters by setting in-person, early voting hours that a court could later change. U.S. District Judge Peter Economus in Columbus said Wednesday that Husted failed to demonstrate his likelihood of succeeding on appeal and didn’t provide “sufficiently compelling reasons” for the stay.

Ohio: Secretary of State orders more provisional ballots counted | news-herald.com

The state’s elections chief on Tuesday issued new rules for counting provisional ballots in response to a federal judge’s order seeking more access for the coming presidential election. Secretary of State Jon Husted, a Republican, directed poll workers to count all so-called “right church, wrong pew” ballots. Those are ballots cast by voters who show up at the correct polling place but are mistakenly directed to an area of the polling place where votes for other precincts are being cast.

Ohio: Two Democrats sue Ohio secretary of state over firing | Akron Beacon Journal

Two Democratic county elections officials fired in a dispute over extended voting hours filed a federal lawsuit against the Republican secretary of state on Monday, charging wrongful termination. Former Montgomery County Elections Board members Dennis Lieberman and Thomas Ritchie Sr. said in the lawsuit, filed in U.S. District Court in Dayton, that Ohio Secretary of State Jon Husted unjustly fired them after they voted to continue to allow early voting on weekends. Husted has directed election boards in Ohio’s 88 counties to have the same early in-person voting hours on weekdays and no hours on weekends. He fired Ritchie and Lieberman on Aug. 28 after saying they violated that order by pushing to extend early voting to the weekends.

Ohio: Absentee balloting can help or hurt in Ohio | cincinnati.com

Ohio’s chief elections officer proudly hails a new program under which every registered voter will receive an absentee ballot application as a step that will “turn their kitchen table into a voting booth” in this fall’s presidential election. Now all voters have to do is make sure that their ballots don’t end up – to stick with Secretary of State Jon Husted’s analogy – going down the electoral garbage disposal. Husted’s plan marks the first time in Ohio history that all of the state’s nearly 8 million registered voters will receive absentee applications. But as is often the case in politics, it has drawn both widespread, bipartisan praise over further easing of the voting process and concerns over potential downsides. Arguably the biggest worry is that voters who request an absentee ballot but later change their minds and decide to vote at the polls on Election Day will be forced to cast a provisional ballot. In most statewide elections, relatively minor procedural missteps by poll workers or voters routinely disqualify tens of thousands of provisional votes.