Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately. [Read Comment]
On June 5, a hearing was scheduled before the Ohio Secretary of State to consider rules relating to HB 3 regulating voter registration (See the Notice of Hearing here). These regulations mirror emergency rules already in place that became effective May 1, 2006, and are set to expire on July 30, 2006 (see Emergency Regulations and Proposed Regulations below). In effect, the outcome of this hearing will decide whether these regulations will remain as merely emergency rules, expiring as originally set, or become rules that would regulate the registration of voters past the original deadline of July 30, 2006.
Amended Proposed Regulations (Refiled June 14, 2006)