Need help in Ohio: blackwell again

[roseBudd]

Officials warned not to defy ballot order
Wednesday, October 06, 2004
Mark Niquette
THE COLUMBUS DISPATCH

The battle over who gets to vote in Ohio escalated yesterday, even as Democrats and Republicans said they’re recruiting thousands of lawyers here and in other key states to monitor voting Nov. 2 for potential problems.

Secretary of State J. Kenneth Blackwell yesterday warned county boards of elections’ officials to obey his directive regarding provisional voting or face removal from office, after some said they would disregard it.

Blackwell sent a warning letter to the Cuyahoga County Board of Elections — with copies to all other county elections boards — reminding them they may only issue provisional ballots to voters in the precinct where the voters live, unless a court rules otherwise.
<snip>

In other words, if the Boards of Election screw up and inform a new voter to show up at the wrong precinct...a situation which,regrettably, is already happening with some frequency...that voter will not be given a provisional ballot. The fact that federal law ...HAVA... requires provisional ballots seem to be lost on Mr Blackwell.

The democrats have filed suit, but Blackwell's trying to run out the clock. Email your comments to:

[e-mail]

Or give Mr Blackwell a toll free call at:

General Telephone Number (Toll Free): 1-877-767-6446

[zbdent]

1. You know what's likely to happen?

Any (and I do mean ANY) precinct which has allows a provisional ballot to be cast will probably be excluded from the total count.

Of course, with a number of disenfranchised voters in an URBAN area, there is likely to be at least one provisional ballot at almost any precinct.

Ergo, generally Democratic precincts will not be counted unless directly ordered by the Ohio Supreme Court.

[Kolesar]

2. SOS Blackwell thinks he is Ohio's "Katherine Harris"

We may have to fight this thing after election day.

[liberal N proud]

3. He isn't as ugly! n/t

[Jeff in Cincinnati]

4. A Modest Proposal

The idea that an elected official can fairly administer a partisan election is something of a loopy idea -- and it probably always was. But in recent years (Florida in 2000, Georgia in 2002, and Ohio in 2004) we've seen that when a partisan politician gets his meathooks on the electoral process, bad shit is bound to happen. We've got to come up with a better process.

At the county level in Ohio, Boards of Election are typically staffed with an equal number of individuals from each party. That creates an unusually effective check-and-balance system that allows neither party an advantage. I know it would probably require a consitutional amendment in Ohio, but I think establishing a State Board of Elections along a similar model would be a good idea.

We need to remove the Secretary of State from the decision-making process.

[Kolesar]

5. That is a good idea

The state of Ohio has a state-wide school board and several other state-wide commissions. They could even divide the power between the SOS and the new state Board of Elections (I will have to think that part over).

[actappan]

6. Poll Watchers?

Hey, anyone know who to get in touch with regarding the poll watchers (Dem or non-partisan)? On of my friends (a Baltimore ADA) is interested in coming to OH for the weekend before and through election day . . .

In '96 I walked precincts in the bottoms and the hilltop (CMH) for Clinton, and heard a lot of "i'm not allowed to vote, I'm a felon"s so, I know there is gonna be no shortage of poll problems . . .

[BQueen]

8. I'll try to find out--

I was going to try to get to Konop's campaign office tomorrow to contribute/get signage/volunteer and I imagine he would know something. I'll see what I can find on line tonight -- even if I can't get there I'll e-mail him, he's very responsive. It's an important underdog under the radar race if you're ADA friend wants to do some last minute campaigning for a possible high-payoff long-shot (but just got Toledo Blade endorsement and polled at 37% vs 43 or 45% in Lima last week) easy commute from there to Cols, Toledo, Dayton, Cinti, Mansfield, etc. to poll-watch for election day.

www.konopforcongress.com is direct link if interested - running against the evil Mike Oxley (of Sarbanes-Oxley "if ya can't prevent it get your name on it" legislation, running for 13th term, iirc.) Classic David and Goliath - 28 yr old U of M Law grad vs Oxley's Finance Committee buyers - 85% contrib from out of state, nearly all the rest from out of district, Toledo Blade expose of campaign financing -- gerrymandering bastard -- too much slime to list..."residence" in district little more than a mail drop.

This guy is a stealth candidate and Oxley's worried.

Sorry, back to getting poll watching info...I'll be back.

edit to clarify

[AngryOldDem]

10. Few weeks back

I got an e-mail request for poll watchers. I replied to the local campaign chair, got an acknowledgment but nothing since, so I don't know what the deal is yet with such volunteers here in Montgomery County.

I'd have your friend call the county Dem HQ wherever he or she is planning to go. I'm sure they would be able to provide some (albeit sketchy) information.

And yeah, the felon thing, combined with the ballots and provisional voting, could spell a lot of headaches here. Lot of disinformation floating around.

[BQueen]

7. He has -- Displeased me....

(said in the best queenly stentorian tone I can muster in type...)

I will start looking into the nuts and bolts of this tonight -- seems to me that Fed law has to pre-empt state re: federal election issues...but it's all in the details. Anyone got a link to the actual directive? I'll check his site, but they are cagey about things like that...I've studied the habits of this filth before.

I'll try to find a free link - Friggin Columbus Disgrace...

If there is anyone in Columbus or burbs who can confab with me on something, I have a sneaking suspicion there may be an October Surprise brewing in the House....pm me.

[BQueen]

9. Go to the Ohio League of Women Voters Website

I haven't gone to the volunteer link yet, but I can't imagine their not being involved in any poll watching, and they have heavy credibility as a generally bi-partisan organization dedicated to all voters rights, so I think their volunteers would benefit from that aura of credibility, and every little bit helps.

Here is their press release regarding the law suit, and it gives an excellent description of the issues in concise terms -- also lists all other organizations involved in the suit, whom I'm certain would also have their own areas/regions of concern.

http://www.lwvohio.org/advocacy/press/sos2.html
FOR IMMEDIATE RELEASE
CONTACT
Scott Britton, Executive Director
[phone]
LEAGUE OF WOMEN VOTERS JOINS COALITION SUIT AGAINST SECRETARY OF STATE
Official’’s Order Violates Voter Rights
TOLEDO –– The League of Women Voters of Ohio (LWVO) filed a complaint in federal court this morning seeking to overturn the Secretary of State’’s new ruling that Ohio voters can only cast provisional ballots in the precinct where they live.
““The Secretary of State’’s narrow interpretation violates federal law and jeopardizes the right of Ohioans to cast a ballot for President of the United States on Nov. 2,”” LWVO President Terry McCoy said. ““Ohio must not become the Florida of the 2004 election.””
Joining with other nonpartisan coalition partners, the League appears as lead plaintiff in the suit brought in U.S. District Court for the Northern District of Ohio in Toledo. Other members of the coalition include the Ohio AFL-CIO; Association of Community Organizations for Reform Now (ACORN); People for the American Way; American Federation of Sate, County and Municipal Employees; Coalition of Black Trade Unionists; A. Philip Randolph Institute, and Project Vote.
The complaint seeks a temporary restraining order against enforcement of Secretary of State Directive 2004-33, released Sept. 16, which forbids poll workers from issuing provisional ballots to voters unless they can prove they are at the particular polling place for their precinct. Under the Help America Vote Act (HAVA), enacted by Congress in 2002, voters are entitled to receive a provisional ballot in any polling place within the jurisdiction where they live, such as a county or municipality.
““The League has long stood for the rights of all Ohioans to have their voice heard on Election Day. The intent of HAVA was to make voting more accessible by offering provisional ballots to citizens who are registered to vote but who, for whatever reason, do not appear on the voter rolls at the polling place,”” McCoy said. ““The Secretary of State’’s directive violates voter rights.””
The coalition is being represented in the case by Columbus attorneys Donald J. McTigue and H. Ritchey Hollenbaugh, with support from the Brennan Center for Justice at NYU Law School.
McCoy pointed to the likelihood that many Ohio voters would be disenfranchised under this directive. ““The idea behind provisional ballots is to ensure that citizens whose registrations were not processed, or whose names are not on the list at a particular polling place for any reason, can at least vote provisionally and have their voices heard in federal, statewide and regional races,”” McCoy said. ““If a voter arrives at the so-called ‘‘wrong’’ precinct location only minutes before the polls close, there may not be time to make it to the ‘‘correct’’ polling place. That voter should receive a provisional ballot, and provisional ballots cast for president, U.S. senator and other top-of-the-ticket races should be counted.””
Under federal law, the term ““jurisdiction”” is defined as an ““incorporated city, town, borough, or other form of municipality”” or ““larger geographic area governed by (a) unit of government.”” In Ohio, where elections are managed by county government, counties——and not precincts——constitute the jurisdiction for purposes of provisional ballots.
The League of Women Voters of Ohio, a nonpartisan political organization, encourages the informed and active participation of citizens in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy.
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Oct. 5 , 2004


It will be heard in Toledo Federal Court - don't know the personalities there, but will have some possibility of finding out more this weekend - during halftime, of course ;-)

Thanks in advance to everyone trying to help Ohio on this!! The best defense is a spirited offense, and while if we don't win on this before election day we will continue to fight it -- we all know that pre-emption is always the way to go with Repugs (just not necessarily with delusional dictators...).

[henslee]

11. Election supervisors will claim they wasted so much time responding to

all the emails and faxes that they weren't able to finish processing voter reg. I see it now.