Posted: November 19, 2008
In California's 4th US Congressional District, where Tom McClintock (R) leads Charlie Brown (D) by 562 votes, 29,000 ballots remain to be counted, about 8,000 of them provisional. After changes in state law, California no longer has automatic recounts, but any voter (including candidates) may obtain a recount by filing a proper request within 5 days of the election. Cal.Elec.Code 15620.
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.”
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.
Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu
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Commentary
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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