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abolugi

(417 posts)
Fri Sep 7, 2012, 03:00 PM Sep 2012

BREAKING: Ohio Secretary Of State Backs Down, Allows Local Officials To Set Early Voting Hours

Last edited Sat Sep 8, 2012, 12:02 PM - Edit history (2)

Source: Think progress

After previously trying to restrict early voting, Ohio Secretary of State Jon Husted (R) today reversed course on his decision to block county boards of elections from setting their own early voting hours in the days leading up to the November election.

Facing a direct court order, Husted has chosen instead to back down. This afternoon, Husted’s office released Directive 2012-42 with a brief message: “Directive 2012-40 is hereby rescinded.” As a result, county boards of elections will now be allowed to set their own hours, pending







Read more: http://thinkprogress.org/justice/2012/09/07/814821/jon-husted-backs-down/



Good news!!
Very happy to hear this!



*UPDATE*
Maybe we are celebrating too soon...
http://www.democraticunderground.com/1014222795

Thank you Kolesar.
This is one of the many reasons I love DU. There is always someone here who can cut through the bullshit!



61 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
BREAKING: Ohio Secretary Of State Backs Down, Allows Local Officials To Set Early Voting Hours (Original Post) abolugi Sep 2012 OP
Woot! K&R! RedSpartan Sep 2012 #1
He'd better have backed off meow2u3 Sep 2012 #2
Yonger brother worked for a Federal judge in Atlanta. Ikonoklast Sep 2012 #21
Bummmer I wanted the headline to read Ohio Sec of State Carted off to jail for Contempt of Court!!!! Heather MC Sep 2012 #3
The idiot still needs to reinstate the two committemens he fired. Panasonic Sep 2012 #4
I concur ashling Sep 2012 #34
k&r! tosh Sep 2012 #5
Voter supression in Ohio stopped bluestateguy Sep 2012 #6
Also, Husted may have reversed himself Panasonic Sep 2012 #7
Is that all true? speedoo Sep 2012 #11
Yes, it's true. Panasonic Sep 2012 #13
Thanks. What about reinstating the two commissioners? speedoo Sep 2012 #16
No. Panasonic Sep 2012 #19
"explusion from the Ohio slate" speedoo Sep 2012 #25
Funny, how having your ass dragged before a federal judge The Velveteen Ocelot Sep 2012 #8
Yay! One small but significant victory! immoderate Sep 2012 #9
They should still hold him in contempt cosmicone Sep 2012 #10
Looks like someone pissed his pants. sa2968 Sep 2012 #12
Welcome to DU! calimary Sep 2012 #28
He also apologized to the court. Sweet. randome Sep 2012 #14
Democratic Party Won't Back Down Bernardo de La Paz Sep 2012 #15
The whole thing...cause Tom Petty rocks. zeemike Sep 2012 #23
Looks like some of his brother Traveling Wilburys are with him on this video. calimary Sep 2012 #29
And Ringo too. zeemike Sep 2012 #40
That first Wilburys album is one of my all-time favorites. calimary Sep 2012 #42
They are STILL purging voter rolls in Ohio PossumSqueezins Sep 2012 #17
I still don't trust Husted liberal N proud Sep 2012 #18
And you are right...stay on your toes. zeemike Sep 2012 #27
NO WAY should we trust him - or ANY of his cohorts in ANY state they lurk. calimary Sep 2012 #43
Does this put things back to where they were before the voter suppression started, stopbush Sep 2012 #20
I remember during the Kerry years the issue was the # of voting machines distributed LynneSin Sep 2012 #24
Hudsted could achieve the same end by doing "nothing" JackHughes Sep 2012 #57
Someone needs to vote that racist asshole out of office LynneSin Sep 2012 #22
Yeah - THAT is the key. He and everybody like him ALL need to be voted OUT! calimary Sep 2012 #30
¿Cómo está, Husted? Iggo Sep 2012 #26
Jennifer Brunner leaves another one on the mat Kolesar Sep 2012 #31
Goddamn, that is wonderful news! CaliforniaPeggy Sep 2012 #32
AWESOME 99th_Monkey Sep 2012 #33
CUE THE VONAGE THEME! rocktivity Sep 2012 #35
Is Ohio where those two guys got fired? George II Sep 2012 #36
Win! pinto Sep 2012 #37
Hellz yeah! K&R! Chorophyll Sep 2012 #38
VICTORY! RoccoRyg Sep 2012 #39
Kansas next Wichita Pilot Sep 2012 #41
A win for the good guys! Now get out and vote, Ohio! Thanks, abolugi! freshwest Sep 2012 #44
K&R nt avebury Sep 2012 #45
I still think someone should beat his ass...n/t ejbr Sep 2012 #46
Put him in one of the state prisons davidpdx Sep 2012 #50
a lot of celebrating for not much of anything onenote Sep 2012 #47
The court case should continue on its tortured way . . . meanwhile janet118 Sep 2012 #49
Contempt of Court orders don't require a deadline or any action, just the appearence that you grantcart Sep 2012 #51
If you can cite to an example of a court issuing a contempt citation in a situation like this, onenote Sep 2012 #53
THAT is how you handle bullies.. .. . .n/t annabanana Sep 2012 #48
Good news Blue Yorker Sep 2012 #52
Husted is still not allowing weekend voting. Details 9/8: Kolesar Sep 2012 #54
There is an Update to this. And it's NOT good news. blkmusclmachine Sep 2012 #55
I added Kolesars update to the OP abolugi Sep 2012 #58
Hurray!!! Thanks to that TOUGH judge who held the Secretary of State's feet to the fire. Next Step. Tigress DEM Sep 2012 #56
They Need Ohio Big Time colsohlibgal Sep 2012 #59
Wooooooooooofucking whoody woo hoo hoo! Yes! Justice! I love it! lonestarnot Sep 2012 #60
I'm curious why you think that a big celebration is warranted onenote Sep 2012 #61

meow2u3

(24,761 posts)
2. He'd better have backed off
Fri Sep 7, 2012, 03:02 PM
Sep 2012

I guess he didn't want to be held in contempt of a Federal court. Federal judges don't play around.

Ikonoklast

(23,973 posts)
21. Yonger brother worked for a Federal judge in Atlanta.
Fri Sep 7, 2012, 03:29 PM
Sep 2012

Was with him until he retired from the bench.



Yes.

They do not mess around.

 

Heather MC

(8,084 posts)
3. Bummmer I wanted the headline to read Ohio Sec of State Carted off to jail for Contempt of Court!!!!
Fri Sep 7, 2012, 03:05 PM
Sep 2012

Judges ruling up Held!!!!!


But this is great news. see these asshats just need to know who's boss

 

Panasonic

(2,921 posts)
4. The idiot still needs to reinstate the two committemens he fired.
Fri Sep 7, 2012, 03:05 PM
Sep 2012

And then tender his resignation effective IMMEDIATELY and request the next Secretary of State to be a Democrat or Jennifer Brunner.

Until then, I'm not satisfied that Husted has met the requirements.

 

Panasonic

(2,921 posts)
7. Also, Husted may have reversed himself
Fri Sep 7, 2012, 03:07 PM
Sep 2012

But he still has to PERSONALLY attend the September 13th hearing until otherwise noted.

Husted still has to reinstate the two commiteemen he fired and then resign himself in order to meet the requirements.

 

Panasonic

(2,921 posts)
13. Yes, it's true.
Fri Sep 7, 2012, 03:15 PM
Sep 2012

Until the court rescinds the order, the requirement to show up for the hearing is still valid.

Here is the order:

Motion Hearing set for 9/13/2012 @ 10:00 AM before Senior Judge Peter C Economus. The Court ORDERS that Defendant Secretary of State Jon Husted personally attend the hearing.

Until the hearing is cancelled or otherwise stated.....

speedoo

(11,229 posts)
16. Thanks. What about reinstating the two commissioners?
Fri Sep 7, 2012, 03:21 PM
Sep 2012

Does Husted have to answer to that at the hearing?

 

Panasonic

(2,921 posts)
19. No.
Fri Sep 7, 2012, 03:25 PM
Sep 2012

But it would be the logical thing to do to avoid a major lawsuit.

And exposing the Republicans to its explusion from the Ohio slate.

 

cosmicone

(11,014 posts)
10. They should still hold him in contempt
Fri Sep 7, 2012, 03:12 PM
Sep 2012

and throw his ass in jail for a few days. It will do wonders as an example.

Bernardo de La Paz

(49,001 posts)
15. Democratic Party Won't Back Down
Fri Sep 7, 2012, 03:20 PM
Sep 2012
Well I know what's right, I got just one life
in a world that keeps on pushin' me around
but I'll stand my ground, and I won't back down


zeemike

(18,998 posts)
23. The whole thing...cause Tom Petty rocks.
Fri Sep 7, 2012, 03:31 PM
Sep 2012

<iframe width="420" height="315" src="

" frameborder="0" allowfullscreen></iframe>

calimary

(81,238 posts)
29. Looks like some of his brother Traveling Wilburys are with him on this video.
Fri Sep 7, 2012, 03:44 PM
Sep 2012

Jeff Lynne and George Harrison!

liberal N proud

(60,334 posts)
18. I still don't trust Husted
Fri Sep 7, 2012, 03:24 PM
Sep 2012

He is fixing to steal this election and we need to keep on our toes to prevent it.

calimary

(81,238 posts)
43. NO WAY should we trust him - or ANY of his cohorts in ANY state they lurk.
Fri Sep 7, 2012, 05:15 PM
Sep 2012

Just assume that as a default position. If they have an "r" by their name, they truly, genuinely, CANNOT be trusted. There are exceptions but not in the corridors of power.

stopbush

(24,396 posts)
20. Does this put things back to where they were before the voter suppression started,
Fri Sep 7, 2012, 03:25 PM
Sep 2012

or will R election officials in D-heavy counties still be able to restrict early voting if they want? Wasn't the problem that there are 2 D and 2 R officials in each county, and that the Ds voted for extending hours in D-heavy counties while the rs voted against, with the Ohio AG breaking the tie by voting "no" with the Rs? Has that now changed? What happens if there's still a 2-2 split in a county?

LynneSin

(95,337 posts)
24. I remember during the Kerry years the issue was the # of voting machines distributed
Fri Sep 7, 2012, 03:31 PM
Sep 2012

Rural parts of Ohio had the same # of voting machines at their voting places as they did in downtown Cleveland or Columbus. The idea was that if they gridlocked the voting machines and created long lines some voters would get discouraged and go home.

JackHughes

(166 posts)
57. Hudsted could achieve the same end by doing "nothing"
Sat Sep 8, 2012, 11:58 AM
Sep 2012

Unless the judge orders Husted to issue a blanket vote with the Democrats on local election boards (which is how ties are broken), Republicans can still deadlock with 2 - 2 votes. By simply doing "nothing" Husted can still block early voting.

LynneSin

(95,337 posts)
22. Someone needs to vote that racist asshole out of office
Fri Sep 7, 2012, 03:30 PM
Sep 2012

This isn't 1940. We killed off old Jim Crow decades ago and NO ONE wants to exhume those crazy times every again!

calimary

(81,238 posts)
30. Yeah - THAT is the key. He and everybody like him ALL need to be voted OUT!
Fri Sep 7, 2012, 03:46 PM
Sep 2012

So then we have to look at the knuckleheads who vote these assholes IN. Probably low-information voters and loyal Pox Noise viewers.

 

99th_Monkey

(19,326 posts)
33. AWESOME
Fri Sep 7, 2012, 04:17 PM
Sep 2012

now if they just put enough voting machines in heavily populated
urban areas and on campuses, Ohio maybe will have a fair election
after all.

This is super-good newz.

rocktivity

(44,576 posts)
35. CUE THE VONAGE THEME!
Fri Sep 7, 2012, 04:18 PM
Sep 2012

But what changed your mind, Husted? Did you get turned away at the Canadian border?


rocktivity

George II

(67,782 posts)
36. Is Ohio where those two guys got fired?
Fri Sep 7, 2012, 04:28 PM
Sep 2012

There are so many states doing this, hard to keep track of them. If it was Ohio, I hope those guys get rehired.

RoccoRyg

(260 posts)
39. VICTORY!
Fri Sep 7, 2012, 04:57 PM
Sep 2012

I'm an election judge in Illinois, so making sure people can vote without hassle, no matter their party, is one of my concerns.

Wichita Pilot

(6 posts)
41. Kansas next
Fri Sep 7, 2012, 05:11 PM
Sep 2012

Kansas, where our Secretary of State lead the charge to require ID at the polling booths, should be next.

davidpdx

(22,000 posts)
50. Put him in one of the state prisons
Sat Sep 8, 2012, 05:18 AM
Sep 2012

I'm sure there are plenty of people who'd like to beat on him.

onenote

(42,700 posts)
47. a lot of celebrating for not much of anything
Fri Sep 7, 2012, 07:56 PM
Sep 2012

First, let me once again note that there is no chance that Husted was going to be held in contempt, fined, jailed or otherwise sanctioned for issuing the directive telling local boards not to set early voting hours for the 3 days preceding election day. The order didn't have a specific deadline for him to comply and even the Obama administration's motion seeking an order directing him to establish an early voting schedule didn't ask for sanctions. If someone knows of a case where sanctions such as contempt were imposed in a comparable situation, I'd be surprised.

Second, let's compare where we are today as compared to yesterday. Yesterday Husted's position was that he wouldn't issue directions for early voting for the three days preceding election day unless and until the Court of Appeals ruled in the state's appeal of the district court decision. In response to a motion by the administration challenging Husted's action in not acting, the court set a deadline for Husted to respond in writing, scheduled a hearing, and directed Husted to appear -- presumably to answer questions about the factual issues presented.

Today, Husted has rescinded his order and formally asked the court to grant a stay of its order pending resolution of the appeal. The court has given the administration until Monday to respond to stay request. As far as I know the hearing is still going to take place. In the meantime, there is nothing to prevent individual local boards to set a schedule for voting for the three days. That schedule could allow one hour a day, so long as its uniformly applied to all voters. The better solution is one set of hours for all voters in all parts of the state. Eventually, assuming (as I hope is the case) that the district court order is affirmed by the appeals court, that will happen. BUt at this point, it wouldn't shock me if the district court let Husted do nothing until the appeals court acts. I hope not, but this is far from over.

janet118

(1,663 posts)
49. The court case should continue on its tortured way . . . meanwhile
Sat Sep 8, 2012, 12:25 AM
Sep 2012

maybe Ohioans should start mobilizing to get out the vote on Election Day or get absentee ballots to people who can't make it. Early voting is nice, but I'm sick of people who don't vote because they don't care enough to work around whatever obstacles the Repugs throw in their way. Can't everyone and those churches go to vote the weekend one week before the election and pretend it's the weekend right before Election Day? That said. IDs, list purges, not enough voting machines, and other voter suppression techniques are another story.

Why in the hell are people electing Republicans and expecting them to act like stand up guys and girle? Grow up. Get to the polls. Too many people fought for this right for people to get all wussy.

grantcart

(53,061 posts)
51. Contempt of Court orders don't require a deadline or any action, just the appearence that you
Sat Sep 8, 2012, 09:53 AM
Sep 2012

intend to refuse to comply with a court order.


If Husted had stated, as he did here, that he was going to refuse a court order then he would have been put into contempt, even if the deadline for action had not yet happened.

You can be put in contempt of court for the way you dress, or speak in court, it doesn't require an action.

If Husted thought that the order would not be upheld by the appeals court then the only legal alternative for him is to get a stay. Absence an order from a court staying this court's order then any elected official must follow the order of a court. Issuing a directive to not comply with the court based on your perception of a future action by another court is still showing contempt for this court.

He would have been found in contempt of court.

He knows it and that is why he folded absence a stay he definitely would have been found in contempt (although not necessarily held in custody).

Again contempt of court does not require a deadline to be passed but simply the intention not to follow an order, if he had so stated that in court he would have been charged with contempt.

onenote

(42,700 posts)
53. If you can cite to an example of a court issuing a contempt citation in a situation like this,
Sat Sep 8, 2012, 10:04 AM
Sep 2012

I'd be interested in seeing it.

The fact that judge's have enormous discretion to issue contempt citations is true. But the idea that a federal judge would issue one in this particular situation is a stretch -- a big one.

Not sure what your experience is, but from my time working for a judge and decades of litigation experience, the directive by Husted to the local boards not to set hours (which he can credibly claim would have resulted in a range of voting times that was not "uniform&quot until the state set one and that the state was going to wait to set the uniform times until after the appeals court ruled was clumsy and ham handed, but would never result in a contempt citation. If he had declared that was his intention in open court, he wouldn't have been cited for contempt -- the court would have done one of two things: told him no, he needed to act more expeditiously (and if had said no he wasn't going to, then maybe contempt would have been threatened) or ask him if he's seeking a stay and if Husted said yes, then the court would have scheduled briefing and argument on that question.

Husted was, as stated, an oaf in the way he handled this and because of that he has probably weakened his chances of getting the court to grant the stay that he has no formally requested. But at this point, he hasn't done anything that would have resulted in a contempt citation based on my experience.

Tigress DEM

(7,887 posts)
56. Hurray!!! Thanks to that TOUGH judge who held the Secretary of State's feet to the fire. Next Step.
Sat Sep 8, 2012, 11:19 AM
Sep 2012

ANY SOS who would try to block voters from voting at a crucial election moment is directly violating the terms of his office and should be removed from that office.

THROW THE BUM OUT!!!

colsohlibgal

(5,275 posts)
59. They Need Ohio Big Time
Sat Sep 8, 2012, 01:58 PM
Sep 2012

Word has been about that they've given up on Michigan and, despite the vote suppression, Pennsylvania. They don't even try in California and NY.

So they'd pretty much need to win both Ohio and Florida. Ohio is looking good for Obama and Charley Crist has to help us in Florida.

I'm more worried about winning back the House and holding the Senate. Also starting to keep our eye on the ball at the state and local levels so kids don't learn that the KKK was just a run of the mill polital movement and that "The Flintstones" was reality. That all goes hand in hand with educating low info voters.

It would also be nice if Obama quit acting like a closet blue dog.

onenote

(42,700 posts)
61. I'm curious why you think that a big celebration is warranted
Sat Sep 8, 2012, 04:18 PM
Sep 2012

when next to nothing has changed.
In the end, all that will matter is what the court of appeals decides. That case is being considered on an expedited schedule and will be resolved well before the three days preceding election day.

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