Moritz College of Law: Administering the March 4 Primary in Ohio (5 Areas to Watch)

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Administering the March 4 Primary in Ohio


February 19, 2008

Edward B. Foley
Director, Election Law @ Moritz
Robert M. Duncan/Jones Day Designated Professor of Law
Moritz College of Law


It is widely believed that Ohio’s primary on March 4 will play a pivotal role in determining the Democratic candidate for President. If Obama wins the statewide popular vote, the pundits proclaim, his victory likely would propel him to similar success in Pennsylvania (on April 22), and the party’s “superdelegates”—who by all accounts will control the outcome of the party’s national convention in Denver—will fall in line. Conversely, if Clinton prevails in the Ohio primary’s popular vote, then she would be expected to do the same in Pennsylvania, and these two victories in states that will be major battlegrounds in the general election campaign will cause the superdelegates to favor her.

Consequently, the conduct of Ohio’s election officials in administering the primary vote is now important, not only as a “test run” of technologies and procedures to be used again in November, but also in its own right. While it is the prerogative of the Democratic Party to make what use of the Ohio primary vote as it wishes—including any significance the superdelegates may find in the results about the electability of these two candidates in the fall—it remains the responsibility of the state’s election officials to manage the casting and counting of primary ballots properly, so that its results are accurate.

Whether we care about the performance of Ohio’s election system for one or both of these reasons, what should we look for on March 4 to evaluate whether or not it worked satisfactorily?

Here are five things to keep an eye on. While this short list is inevitably incomplete—indeed, one important truth about election administration is the need to maintain flexibility given the good chance that something unexpected will occur—this is a reasonable set of priorities as we come within two weeks of the primary date.



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5 areas to watch in detail at link:

http://moritzlaw.osu.edu/electionlaw/comments/articles.php?ID=329



1. Cuyahoga County.

2. Disenfranchisement through Under-Capacity

3. Polling Place Confusion and Inequalities

4. High Rates of Provisional Voting

5. Irregularities in Absentee Voting