http://thinkprogress.org/election/2012/11/03/1134981/last-minute-ohio-directive-could-trash-legal-votes-and-swing-the-election/?mobile=nc
Last-Minute Ohio Directive Could Trash Legal Votes And Swing The Election

 
 

 
Nov 3, 2012    
A last-minute directive issued by Ohio Secretary of State Jon Husted (R) could 
invalidate legal provisional ballots. Ohio is widely viewed as the most 
critical state for both presidential campaigns and — with some polls showing a 
close race — the 11th-hour move could swing the entire election.

The directive, issued Friday, lays out the requirements for submitting a 
provisional ballot. The directive includes a form which puts the burden on the 
voter to correctly record the form of ID provided to election officials. Husted 
also instructed election officials that if the form is not filled out correctly 
by a voter, the ballot should not be counted.



According to a lawsuit filed by voting rights advocates, this is “contrary to a 
court decision on provisional ballots a week ago and contrary to statements 
made by attorneys for Husted at an Oct. 24 court hearing.”

Indeed, it also appears directly contrary to Ohio law. From the lawsuit:

Ohio Rev. Code § 3505.181(B)(6) provides that, once a voter casting a 
provisional ballot proffers identification, “the appropriate local election 
official shall record the type of identification provided, the social security 
number information, the fact that the affirmation was executed, or the fact 
that the individual declined to execute such an affirmation and include that 
information with the transmission of the ballot . . . .” (Emphasis added.)

The law “ensures that any questions regarding a voter’s identification are 
resolved on the spot or, consistent with due process, the voter is informed 
that he or she needs to provide additional information to the board of 
elections. This protects the integrity of the voting process, and provides a 
reasonable opportunity to resolve deficiencies.”

The last-minute directive changes this and switches the burden to the voter, 
greatly increasing the chances that legal provisional ballots will be discarded.

The court gave Husted until Monday to respond to the lawsuit and indicated it 
will resolve the dispute before provisional ballots are counted on November 17.

Husted has also tried to limit voting in Ohio by reducing early voting hours.







[Non-text portions of this message have been removed]



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