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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Summary of Ohio provisional ballot case hearing

Judge Algenon Marbley heard the plaintiffs’ motion in SEIU v. Husted for clarification and modification of the consent decree. The NEOCH and SEIU plaintiffs argued that the relief they requested was within the scope of the court’s authority under paragraph III(b)(vii) of the consent decree. Further, the plaintiffs argued for modification of the consent decree because under the Secretary of State’s Directive 2012-54, provisional voters that provide the last four digits of their social security number are treated differently than voters that provide other forms of identification. At Judge Marbley’s request, the state offered its explanation for how the Directive complies with Ohio law, particularly the assignment of responsibility for recording voter identification information. Additionally, Judge Marbley expressed that it seemed clear the Directive violates Ohio law and that the timing of the issuance of the Directive gave him “great pause and great concern.” The plaintiffs' reply memoranda are due to the court tomorrow, November 8, and Judge Marbley expects to issue a ruling by Monday at the latest.

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

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In the News

Daniel P. Tokaji

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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