Court orders Ohio to restore early voting for all residents

By Arturo Garcia/Raw Story

A federal appeals court has ruled that the state of Ohio extend early voting hours to all residents, overturning a measure that limited the practice to military members and voters living overseas.

Talking Points Memo reported that the ruling by the Sixth U.S. Circuit Court of Appeals allows for voting to take place on the weekend before the Nov. 6 general election.

“The State’s asserted goal of accommodating the unique situation of members of the military, who may be called away at a moment’s notice in service to the nation, is certainly a worthy and commendable goal,” the court said in its ruling (PDF). “However, 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.

Earlier this year, President Barack Obama’s re-election campaign and the Ohio Democratic Party sued Ohio Secretary of State Jon Husted, calling state Senate Bill 295 “a cynical ploy.” State Sen. Nina Turner (D) called the bill a resurrection of Jim Crow, saying it was designed to suppress voting in precincts with a heavy African-American population.

According to MSNBC, about 93,000 residents vote during the three-day period preceding the election, many of them African-American voters who do so after their local church services.

Ohio Secretary of State apologizes for trying to stifle early voting

By Stephen C. Webster/Raw Story

Ohio Secretary of State John Husted said in court documents filed Friday that he’s really, really sorry for refusing to allow early voting preparations in Ohio, and promises not to do it again unless another court gives him permission.

That was the result of Judge Peter C. Economus’s ruling Friday, which concluded a hearing that saw Sec. Husted rebuked by attorneys for the Obama campaign in a stinging victory over Republican voter suppression efforts.

“Plaintiffs will suffer irreparable injury if in-person early voting is not restored the last three days before Election Day, and there is no definitive evidence before the Court that elections boards will be tremendously burdened,” Judge Economus wrote. “Certainly, the public interest is served by restoring in person early voting to all Ohio voters.” He added that letting all Ohioans have access to early voting meets the standard of keeping voting “uniform, accessible for all, fair, and secure.”

Those last words are what Husted typically says when justifying the state’s odd struggle with early voting, which he’s moved to shut down for three days leading up to the presidential election. Judge Economus ordered Husted to restore early voting in a ruling issued last Friday, but Husted sent a memo to staff saying he would not comply with the order until a pending appeal could be resolved.

Reacting to Husted’s defiance, the judge ordered him to personally appear in court next week to explain himself. That apparently got his attention. Husted’s attorneys insisted on Friday that he immediately rescinded his earlier memo, effectively allowing Ohio elections officials to move forward with early voting preparations.

“The Secretary’s intention was not to create a stay of this Court’s Order,” Husted’s attorneys explain in a court filing obtained by the Election Law Blog. “The Secretary intends to pursue his differences with this Court’s judgment only through the expedited appeal process put in place by the Sixth Circuit Court of Appeals. To the extent that Directive 2012-40 could be read to imply any different compliance disposition, the Secretary apologizes to the federal district court for creating that misimpression”.

Ohio Secretary of State refuses to restore early voting pending appeal

By Eric W. Dolan/Raw Story

Ohio’s Secretary of State, Jon Husted, will not set new early voting hours despite a court order, according to a memo released by his office.

“Announcing new hours before the court case reaches final resolution will only serve to confuse voters,” the memo states. “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.”

The memo prohibits county election boards from setting hours for the Friday, Saturday, Sunday, or Monday before the election.

On Friday, a federal judge ruled that Ohio must restore in-person early voting to all voters through the Monday before Election Day. The Obama campaign had sued the state after the Ohio legislature and Husted canceled early voting in 2012 for everyone except members of the military and their families.

The decision is being appealed. Husted insisted setting early voting hours amid the legal battle would only confuse voters.

“Let me again emphasize, 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,” his memo states.