Ohio Democratic Party Sues Secretary of State Over Provisional Ballots

[AnIndependentTexan]

http://moritzlaw.osu.edu/electionlaw/news.html

Ohio Democratic Party Sues Secretary of State Over Provisional Ballots
11/16/04 (10:23 a.m. ET) - The party seeks to join pending Schering suit, which argues that lack of clear, uniform standards for evaluating the eligibility of provisional ballots violates the Equal Protection Clause of the U.S. Constitution.

[Pirate Smile]

1. Thank God. Get your asses in there and fight.

[Algorem]

2. this isn't a cruel joke is it?

[AJH032]

3. The Democratic Party is finally doing something?

Yes!

[TexasSissy]

4. I find that hard to believe. They haven't exactly been up there in

front fighting the good fight. Still, if it's true.....late is better than never.

[Tace]

And The Judge Hearing The Case Will Be A Republican

I'm just guessing.

[MoonRiver]

5. YEA!!!!!

FINALLY! THANK GOD!!!!
:bounce::bounce::bounce::bounce::bounce::bounce::bounce:

[Karenca]

6. yes!!!!!!!!

:headbang: :pals: :toast: :silly: :beer: :pals: :headbang:

[indy_azcat]

7. I'm not Ally McBeal...

but are all they sueing for is a 'standard' way for determining if provisionals are legit? Does this mean they all have to be re-evaluated? Or is this a pre-emptive strike for re-counts?

[Carolab]

8. HAVA rules

from: http://www.usdoj.gov/crt/voting/hava/HAVA_2002.html
-------------------------------------------------------------------
HAVA states in section 302 (PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.)

(3) An election official at the polling place shall transmit
the ballot cast by the individual or the voter information
contained in the written affirmation executed by the individual
under paragraph (2) to an appropriate State or local election
official for prompt verification under paragraph (4).

4) If the appropriate State or local election official to
whom the ballot or voter information is transmitted under
paragraph (3) determines that the individual is eligible under
state law to vote, the individual's provisional ballot shall be
counted as a vote in that election in accordance with State law.
-----------------------------------------------------------------

Eligilbe is not synonymous with registered. To cast the provisional ballot, a person has to state he or she is eligible AND registered.

For the vote to count, however, they only need be eligible.

The idea is that anyone who in good faith believes he or she is registered should be able to cast a provisional ballot, and if it turns out that person isn't on the list because of a clerical error or whatever, the vote SHOULD count.

The AP writes, "No registration is main reason provisional ballots thrown out" in Ohio.
http://www.zanesvilletimesrecorder.com/news/stories/200...



Please contact anyone who can help with this (Ohio ACLU, Ohio Democratic Party, Kerry campaign)


Ohio ACLU:
http://www.acluohio.org /
Max Wohl Civil Liberties Center
4506 Chester Avenue
Cleveland, OH 44103
[phone] | Fax: [phone]
[e-mail]


Ohio Democratic Party
http://www.ohiodems.org
271 E. State St. Columbus, Ohio 43215
614-221-6563 (voice)
614-221-0721 (fax)
[e-mail]

*Attorney General in Ohio, Jim Petro, e-mail
[e-mail]

Or call/write:
http://www.ag.state.oh.us/contact/contact.htm

[Kralizec]

9. I hope she can drop the ring in the pit, when the time comes... n/t