Posted: November 4, 2012
Emergency Filing in NEOCH Case
On Thursday, the Plaintiffs in NEOCH v. Husted filed an emergency motion seeking to clarify the scope of the 2010 consent decree, following most recent orders in the case. The Plaintiffs ask that provisional ballots with incorrect or incompletely filled out boxes indicating which alternative form of identification the voter provided should be counted. Plaintiffs argue that Ohio statutes place the burden of completing that portion of the provisional ballot affirmation on the poll worker, not the voter, and thus failure to fill out that portion of the form should fall under Section III(5)(b)(vii) of the consent decree’s protection.