BREAKING: Federal Court Strikes Down Ohio Law Restricting Early Voting

[jenmito]

Last month, President Obama’s reelection campaign filed a lawsuit claiming that a recently enacted Ohio law eliminating early voting in the three days before an election, except for members of the military, violates the Constitution’s guarantee that all voters enjoy equal access to the franchise. The campaign’s lawsuit called for the right of all voters to cast an early ballot be restored in Ohio — it explicitly stated that expanding the franchise, not taking early voting away from military personnel as well, was the appropriate outcome.

In an opinion by Judge Peter Economus, a federal court agreed with the Obama campaign today that the Ohio anti-voter law must be suspended:

“A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction.” In Ohio, that right to participate equally has been abridged by Ohio Revised Code ‘ 3509.03 and the Ohio Secretary of State’s further interpretation of that statute with regard to in-person early voting. In 2005, Ohio expanded participation in absentee balloting and in-person early voting to include all registered Ohio voters. Now, “in-person early voting” has been redefined by the Ohio legislature to limit Plaintiffs’ access to the polls. This Court must determine whether preliminary injunctive relief should be granted to Plaintiffs on their claim that Ohio’s restriction of in-person early voting deprives them of their fundamental right to vote. Following Supreme Court precedent, this Court concludes that Plaintiffs have stated a constitutional claim that is likely to succeed on the merits. As a result—and as explained below—this Court grants Plaintiffs’ motion for preliminary injunction.


http://thinkprogress.org/justice/2012/08/31/784981/breaking-federal-court-strikes-down-ohio-law-restricting-early-voting/

[frazzled]

1. Another one bites the dust! /nt

[dragonlady]

4. Well, at least it's a preliminary injunction

The case isn't over, but since time is getting short before voting starts, we will hope the Republicans can't get a higher court to reverse this decision.

[xtraxritical]

30. Great, but what's Ohio's position on photo IDs?

[Segami]

17. This calls for a celebration!

[Major Hogwash]

2. Boo-ya!

Jenmito hits it out of the park!!

[jenmito]

3. Well...

it was more the Federal Court that hit it out of the park, but thanks!

[Major Hogwash]

43. True that . . .

but, I hadn't heard about it until I heard the crack of the bat as you knocked it over the fence!!

I've been kind of worried about the Republicans stealing the vote in Ohio again until I read this thread.
So, you've put my mind at ease somewhat.

[jenmito]

44. OK then...

I humbly accept your gratitude. Thanks.

[brewens]

5. I just hope these victories don't get overturned by the Supreme Court at

the last minute. I have no idea if liberals on the court can do a sort of fillibuster? What do they have to have for a quorum? It would be justified. You know the Koch's will want to get that to Roberts, "Fat Tony" and the gang if they can. Tthe liberals should refuse to go along.

[elleng]

9. Unlikely they'd take it to Supremes, imo,

and more unlikely Supremes would hear it, quickly. (But I've been wrong about election case and Supremes before, so don't bet on MY opinion.)

'Amusingly, the court’s opinion relies on the Supreme Court’s infamous decision in Bush v. Gore to reach this holding, citing Bush‘s statement that “[h]aving once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another.” Judge Economus’ decision will appeal to the United States Court of Appeals for the Sixth Circuit, a Republican-leaning court with a history of legally-challenged partisan decisions benefiting the Republican Party. So it remains to be seen whether Economus’ decision will have staying power.'

[grantcart]

22. IMO the Supreme Court would not be sympathetic

The Court wasn't happy about Bush vs Gore and is unlikely to get involved in anything like that again, barring a post election controversy.

I don't think Roberts wants to rubber stamp this shit, hence his vote on the ACA.

[ellisonz]

23. +1

I agree with that assessment. Scalia has turned off Roberts. It's the great thing about SCOTUS, once you put them on the bench they can do whatever they want. Bush vs. Gore was a legal clusterfuck that disgraced the judicial branch.

[elleng]

33. Right, I agree.

Hope we get a good decision affirming this from 6th Circuit (which is likely to hear a likely appeal.)

[LSK]

28. Probably not enough time to get there before the election

[otohara]

6. Hallelujah

GOP - just us
Feds - justice

[xtraxritical]

31. Wow, that's a good one, I like it, great snarkasm!

[otohara]

36. Here's Another

Let us celebrate lettuce.

[elleng]

7. MOVING RIGHT ALONG!!!

[freshwest]

8. Step by step... forward and not back. Good news.

[hedgehog]

10. Wow!

[trueblue2007]

11. yes!!!!!!!!!!!!

hallelujah!!!

[JohnnyRingo]

12. Go Pete go!

I see only one last hope for Kasich's plan now. He has to eliminate early voting for the military to abide by the court's decision that he's violating the constitution by allowing some people to vote early while denying that right for others. It's obvious why Kasich extended early voting to soldiers, and I'm not so sure he wants to be on the record for barring their right to vote.

Some people from out of state don't realize how Kasich played this. He and his Republican cronies in the Buckeye State passed a unilateral rule to curtail early voting last year. Democrats moved quickly and passed a petition to put the issue on the ballot. When confronted with the overwhelming number of signatures, Kasich tabled the new rules.

Then early this year, Kasich had his Secretary of State John Husted cast the tie breaking vote in individual districts to end early voting in Democratic districts only. When the courts decided that was discriminatory, Husted universally suspended early voting in all districts.

In each and every move, Ohio's strong Democratic representation has countered Kasich at every turn. Well done.

[xtraxritical]

32. What's Ohio's position on voter ID and electronic voting machines?

These issues are even more problematic for the election than early voting.

[JohnnyRingo]

45. Well, the owner of Diebold lives in Columbus....

During the run up to the 2004 election, he promised to "deliver the votes for a George Bush re-elction". Sure enough, the last stop made by Air Force One from DC to Crawford on election night included a stop in our state's capital. We all know how that contest turned out and Ohio had a starring role.

The first versions of the electronic voting machines that year would not print out a copy of the cast ballot. The company explained that there was no way possible in that the day's technology to do so. Several lawsuits later, we now have a printout like you get from an ATM.

Other than that, it's fine.

[flamingdem]

13. great news

I hope it's a trend!

[jenmito]

15. Next stop: PA! n/t

[trueblue2007]

14. GOP loses again

The Romney campaign had falsely accused Obama of trying to curtail military voting when the suit simply sought to force the state to make early voting available to all Ohio voters.

[TlalocW]

16. This is good news BUT

Is Ohio where different counties are going to have polling places stay open longer based on whether they're more republican (along with having GOP-dominated election boards who voted for staying open late) while a lot of blue counties won't due to the election boards in those counties having at least half its members as republicans who thus were able to vote against late hours for their counties' polling places?

TlalocW

[GreenPartyVoter]

19. Yes, but I thought that the polling hours were already reestablished awhile ago. (Think I saw it on

Rachel?)

[jenmito]

20. That was withdrawn after it came to light in newspaper editorials, etc. n/t

[elleng]

18. Searching for a more complete story,

this was Judge Peter C. Economus of the U.S. District Court for the Southern District of Ohio ruled that the new statute is unconstitutional, in other words, a single judge granting a motion for a preliminary injunction, meaning, enjoining the law from taking effect.

http://www.cleveland.com/open/index.ssf/2012/08/federal_judge_overturns_ohio_l.html

It's HIGHLY likely, imo, that this will be appealed to the 6th Circuit Court of Appeals, about which the Think Progress article, in the OP, said: 'Judge Economus’ decision will appeal to the United States Court of Appeals for the Sixth Circuit, a Republican-leaning court with a history of legally-challenged partisan decisions benefiting the Republican Party.'

[redqueen]

24. Dangit.

I was all set to get excited.

Ohio is my biggest worry as far as the presidential race is concerned.

[elleng]

25. You can certainly STILL get excited, Dang!

[redqueen]

29. I'm so much better at worrying, though.

[elleng]

21. Here's a more complete story.

Expect to see analysis later.

http://www.nytimes.com/aponline/2012/08/31/us/ap-us-early-voting-dispute.html?hp=&adxnnl=1&adxnnlx=1346436303-HmXh0cr5ujpcMZJAbEGgvA

[Cali_Democrat]

26. How long before the Romney campaign comes out and says Obama hates the military?

You know its coming.

When the Obama campaign filed this lawsuit, Romney came out and said Obama wants to take AWAY the right of the military to vote early when all they really wanted to do was extend early voting to everybody INCLUDING military personnel.

[Bake]

27. It's about damn time!

Finally a court follows the LAW!



Bake

[Chorophyll]

34. Kickety-kick and rec!

[magic59]

35. We the people need to bring class action lawsuits againt all those state officials

who are breaking Federal law and constitutional rights by doing republicon dirty deeds.

Bankrupt a few states and state officers, hit them where it hurts.

[Cha]

37. Thanks jenmito! This is

very Encouraging NEWS!

[jenmito]

38. Hey, Cha!

Long time no see!

[Cha]

39. I'm a

ghost returning to haunt DU.

jenmito..good to see you again after all this time~

[jenmito]

40. I KNEW it!

I KNEW ghosts existed! And here you are-good to see you, too!

[Cha]

41. ..

Boo!

[jenmito]

42. ...

AAAAAAAGH!!! I mean-what took you so long?!