ACTION ALERT! RED ALERT IN OHIO! - Ohio House Bill 3 To Be Voted On

[Wilms]

January 8, 2006

ACTION ALERT! RED ALERT IN OHIO!

Ohio House Bill 3 To Be Voted on This Week

by Marji Mendelsohn and Janice Weiss, co-founders WeUnite.org

Below is info re an Ohio House Bill to be voted on most probably this week . . .it's unbelievable.

The more publicized parts of Ohio HB3 will henceforth require voter ID and we all know what that means. But what has not received publicity - and for this I fault the Ohio state reps - is HUGE:

1. The cost of ordering a recount will quintuple - going from $10 to $50 PER PRECINCT - making it virtually unaffordable

2. Electronic machines will be exempted from recounts by random sampling, even in close, disputed elections. In the 2005 election, 41 additional Ohio counties (of 88) were switched to Diebold touchscreen machine

3. HB3 will make it virtually impossible for any challenge to be mounted involving any votes cast or counted on electronic machines or tabulators -- meaning virtually every vote cast in Ohio.

Marji Mendelsohn and Janice Weiss, co-founders, WeUnite.org

From the Daily Digest of Democracy for Cincinnati:

It is highly likely the so-called "election reform" bill, HB 3, will be addressed by a state House and Senate conference this week AND voted in both houses. There may not be any opportunity for public testimony. It would be a good week to contact you state legislators. Congressweb appears to be an easy way to do that. http://congressweb.com

snip

In testimony at the hearings, it was only supported by the secretary of state.

snip

http://www.opednews.com/articles/genera_marji_me_060108_action_alert_21__red_a.htm

[Chipper Chat]

1. Dear Buckeye State residents:

If this passes, well, congratulations on being the first of the 50 states to have democracy declared officially dead.

[mod mom]

4. We're fighting it, but the OH GOP is so corrupt and they control both

House and Senate.

[kster]

5. And for the rest of the states

because, Ohio and Florida will decide for us (the rest of the states) who the President will be.

Lets get this to the greatest thread.

[AuntiBush]

11. And its so damn obvious what they're doing...

If I were a sincere Republican, I'd be ashamed of my reps.

Yup, Ohio & Florida will be all she wrote. We know how they got away with it. Does Ohio?

[nicknameless]

2. How did it get this far? What are State Legislators saying about it?

[MelissaB]

3. K&R

:kick:

[liam_laddie]

6. K & R

This bill must be defeated. Please all Ohioans, call your OH rep and senator NOW!
Or e-mail...in any case let them know how destructive this bill is, as intended by its
Republican authors.
This is ground zero in the battle to save the US as we know it. Thank you!

[Kurovski]

7. A kick and recommendation for our beleaguered friends in Ohio. (nt)

Contacting your legislators is easy. You don't have to go into long explanations if you do not desire to do so.

Merely ask that election reform bill HB 3 be voted down, give your name, address, and you're done!

[Kurovski]

8. Would someone like to toss in one more vote

so more Ohio DUers can see this?

Thank you in advance! :-)

[sickinohio]

10. done

[Mister Ed]

13. K&R

[Algorem]

9. OH Dem Party press release-OH Legislative Black Caucus OUTRAGED

"Ohio Legislative Black Caucus (Rep. Barbara "Ohio Legislative Black Caucus (Rep. Barbara Sykes)" <[e-mail]>




Subject: OLBC, SYKES OUTRAGED OVER VOTER ID




Date: Mon 01/09/06 05:17 PM



Monday, January 09, 2006

FOR IMMEDIATE RELEASE

Black Caucus Denounces Proposed Voter ID Requirements
Caucus Calls Proposal a Jim-Crow Era Tactic

Columbus – Members of the Ohio Legislative Black Caucus (OLBC) are outraged by proposed changes to Ohio’s election law in House Bill 3 sponsored by Representative Kevin DeWine (R-Fairborn) that would require all voters to present a current and valid government issued photo ID or another form of acceptable identification such as a utility bill to cast a vote.

“Allegations of widespread voter fraud as justification for this change are simply untrue,” said Representative Barbara Sykes (D-Akron) and OLBC President. “However, there is documented evidence and statistics that prove that this type of requirement is likely to disenfranchise and overburden voters, especially racial minorities and the poor.”

In October 2005, a U.S. appeals court upheld an injunction barring the state of Georgia from enforcing a law requiring citizens to present a government-issued photo ID in order to vote. The law was declared unconstitutional and called a smokescreen by opponents who accused Republicans of trying to dilute the minority vote. Opponents provided evidence and statistics that documented disparities in the number of government ID’s issued to white and minority voters. They also demonstrated the negative impact of eliminating the sworn affidavit of identify option as a viable alternative to presenting identification.

“Even in 2005 we are still fighting the same Jim-Crow Era tactics that try to rob citizens of equal access and opportunity in this country,” said Representative Sykes.

Jim Crow was the name given to the system of laws and customs that enforced racial segregation and discrimination throughout the United States, especially in the South, from the late 19th century through the 1960's.

OLBC members and other opponents believe that current safeguards in Ohio law have worked exceptionally well to prevent voter fraud. A post-election review of Ohio in 2004 found only 4 illegal votes out of 9-million cast.

“I have no doubt that that this change will suppress minority votes across Ohio. Surely, House Bill 3 counteracts the intent of the Voting Rights Act and the entire Civil Rights movement,” said Representative Sykes.

##

OLBC was founded in 1967 by state legislators to recognize and address the hopes, aspirations and needs of African Americans in Ohio. OLBC aims to promote, foster, and sponsor the education of African Americans and other minorities on the importance of involvement in government in order to secure a fair share of government services for their communities. Today, OLBC has eighteen members - four serve in the Ohio Senate and fourteen serve in the Ohio House of Representatives.



Paid for and authorized by the Ohio Democratic Party,
Chris Redfern, Chair, 271 East State St, Columbus, Ohio 43215

[Tuesday_Morning]

12. I went to a media blaster

and sent the opednews.com essay to a handful of OH media. Easy to do.

[stickdog]

14. This winter I hear the drumming. Don't tread on Ohio. (nt)

[mod mom]

15. More info on revisions:

This is a tremendously important issue.  Please call, write, fax or email your legislators as you can.  What we are finding is that even House and Senate staffers are unfamiliar with the details, so be very cautious about selective quoting and attribution.  

Let me mention some of the most important points in sequential order (by Section Number).

First, the Senate version of the bill passed mid-December 2005 includes the now infamous ID requirement:

   Sec. 3505.18. (A)(1) When an elector appears in a polling place to vote the elector shall announce to the precinct election officials the elector's full name and current address and provide proof of the elector's identity in the form of either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the elector.

Source: http://www.legislature.state.oh.us/BillText126/126_HB_3_RS_N.html

It also does away with a mandatory recount as a machine audit by removing an entire paragraph from the House version and substituting it with a section on “ballots on demand”:

   Sec. 3506.20.  (A) As used in this section, "ballots on demand voting system" means a system that utilizes ballots printed as needed by election officials at the board of elections for distribution to electors, either in person or by mail.

    (B) No board of elections shall use a ballots on demand voting system unless each ballot printed by the system includes a tracking number.

Source: http://www.legislature.state.oh.us/BillText126/126_HB_3_RS_N.html

That section in the House version passed last spring required the random recount of an issue or office as a machine audit:   

   Sec. 3506.20.  Any county that uses direct recording electronic voting machines with a voter verified paper audit trail as the primary voting system for the county and not only for accessibility for individuals with disabilities under section 3506.19 of the Revised Code, within two months after the day of each general election in which a county office or a county question or issue is on the ballot, shall conduct a complete recount of any one county office or issue voted on at that election using the voter verified paper audit trail produced by those machines. The county office or county question or issue to be recounted shall be selected at random from all of the county offices, questions, and issues voted upon at that election. A recount conducted under this section shall be for the purpose of verifying the accuracy of those machines and shall not change the result of the election as

Source: http://www.legislature.state.oh.us/BillText126/126_HB_3_PH_N.html

What the Senate version took away was the machine audit.  It did not change recount procedure per se.

The 3% random recount you may have heard or read about comes from directives issued by Secretary Blackwell in his role as chief election officer.  In 2004 it was required (although not followed).  In 2005 Blackwell issued Directive No. 2005-32, November 17 which removed the requirement for randomness:

The board must select one or more whole precincts whose total equals at least 3% of the total vote and must manually count those precincts' ballots. Selection method need not be mathematically random . If the recount involves only one precinct, a manual count shall be conducted.

Source: http://www.sos.state.oh.us/sos/ElectionsVoter/OhioElections.aspx?Section=1200  Scroll down to 2005-32.  The complete document is http://www.sos.state.oh.us/sos/electionsvoter/directives/2005/mainDocs/Dir2005-32.pdf

You may also hear or read something about “close elections.”  That refers to an automatic recount in elections in which the margin of victory was less than one-half of one percent (or in certain cases only one-fourth of a percent).  Neither the House nor the Senate version of HB3 addressed that topic.  It is set forth in the current Revised Code:

<§ 3515.01.1> § 3515.011. Recount in certain close elections.  

If the number of votes cast in any county or municipal election for the declared winning nominee, candidate, question, or issue does not exceed the number of votes cast for the declared defeated nominee, candidate, question, or issue by a margin of one-half of one per cent or more of the total vote, the appropriate board of elections shall order a recount which shall be conducted as provided in sections 3515.04 and 3515.05 of the Revised Code.
 
...

Source: http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/18acd/19001/19003/1900a?fn=document-frame.htm&f=templates&2.0#

The Senate version of HB 3 quintuples the cost of recounts:

   Sec. 3515.03.  Each application for recount shall separately list each precinct as to which a recount of the votes therein is requested, and the person filing an the application shall, at the same time, deposit with the board of elections fifty dollars....

Source: http://www.legislature.state.oh.us/BillText126/126_HB_3_RS_N.html

Finally, the recently passed Senate version prohibits contests of a federal election :

   Sec. 3515.08.  The (A) Except as otherwise provided in this division, the nomination or election of any person to any public office or party position or the approval or rejection of any issue or question, submitted to the voters, may be contested by qualified electors of the state or a political subdivision. The nomination or election of any person to any federal office, including the office of elector for president and vice president and the office of member of congress, shall not be subject to a contest of election conducted under this chapter. Contests of the nomination or election of any person to any federal office shall be conducted in accordance with the applicable provisions of federal law.

Source: http://www.legislature.state.oh.us/BillText126/126_HB_3_RS_N.html

In summary, the worst features of HB 3 are found in the Senate version and include:

• Restrictive ID requirements (Sec. 3505.18)
• Deletion of the recount as machine audit (Sec. 3506.20)
• Unaffordable recount cost (Sec. 3515.03)
• Prohibition of election contests (Sec. 3515.08)

What the bill did not address—and should—is making mandatory a 3% random whole-precinct recount to determine whether the machine count and hand count match in recount situations.  If not, a 100% hand recount should be required.

[SharonRB]

16. This is unbelievable!

This is a legislature gone wild with power.

[emlev]

17. What's the best way for out-of-staters to help now? n/t