[The attempt, by Ohio Secretary of State AND CO-CHAIR OF BUSH�S
RE-ELECTION COMMITTEE IN OHIO -- for crying out loud --
Kenneth Blackwell, to suppress new Ohio voters (most new voter
registration occurred in urban locations and on campuses) by putting lots
of restrictions on the use of the new �provisional ballot� is foiled for
now� Diane]
Provisional ballots OK'd for now
Votes would count in U.S. races; appeals court puts case on fast rack
Thursday, October 21, 2004
Scott Hiaasen and Bill Sloat
Cleveland Plain Dealer
Ohio Secretary of State Kenneth Blackwell adopted new provisional ballot
rules on Wednesday after a harsh rebuke from a federal judge who said
Blackwell's original rules violated federal law.
U.S. District Judge James Carr said Blackwell, the state's chief election
official, failed to comply with a court order last week to draft new
rules for county officials handling provisional ballots - the special
ballots given to voters who believe they are registered but don't appear
on the voter rolls.
"Blackwell apparently seeks to accomplish the same result in Ohio in
2004 that occurred in Florida in 2000," Carr wrote.
Last month, Blackwell said provisional ballots must not be given to
voters who appear at the wrong voting precinct and that votes cast in the
wrong precinct won't count.
In a lawsuit filed by the Ohio Democratic Party, Carr found that the rule
violated the federal Help America Vote Act, which sought to expand the
use of provisional ballots so eligible voters weren't wrongly turned
away.
Carr also told Blackwell to revise his rules and make alternative drafts
in case part or all of his decision is overturned. Blackwell has appealed
the case to the 6th U.S. Circuit Court of Appeals.
On Monday, Blackwell submitted a new rule that differed little from the
one the judge had already struck down. The judge said new rules must be
published soon so local election officials can train their employees
properly.
So the judge drafted his own rules, which Blackwell adopted late
Wednesday.
"We've always intended to comply with the judge's order," said
Blackwell's spokesman, Carlo LoParo. "It's kind of hard to grasp
what the judge wants."
Carr's rules would allow voters who ask for provisional ballots to
receive one as long as they are registered to vote in the county.
For eligible voters in the wrong precincts, their votes would count only
in federal elections, not local races.
Carr also wrote an alternative rule in case the appeals court rules that
votes cast in the wrong precinct don't count.
In that case, poll workers should warn voters that their votes may not
count - but the voter still can cast a ballot on demand.
Meanwhile, the appeals court in Cincinnati indicated Wednesday that it
would rule quickly on the dispute. The case was put on an accelerated
schedule allowing for arguments early next week - rocket speed for the
appellate court.
The appeals court ordered Blackwell's lawyers to file written arguments
this morning that explain why the ruling should be scrapped. The order
gives Ohio Democratic Party officials until 10 a.m. Saturday to counter
Blackwell's arguments.
A three-judge panel said it may hold a hearing at noon Tuesday if the
written arguments are not convincing.
