League of Women Voters of Ohio Sues Secretary of State

October 5, 2004

FOR IMMEDIATE RELEASE
CONTACT
Scott Britton, Executive Director
(614) 469-1505


LEAGUE OF WOMEN VOTERS JOINS COALITION SUIT AGAINST SECRETARY OF STATE
Official’s Order Violates Voter Rights


TOLEDO – The League of Women Voters of Ohio (LWVO) filed a complaint in federal court this morning seeking to overturn the Secretary of State’s new ruling that Ohio voters can only cast provisional ballots in the precinct where they live.

“The Secretary of State’s narrow interpretation violates federal law and jeopardizes the right of Ohioans to cast a ballot for President of the United States on Nov. 2,” LWVO President Terry McCoy said. “Ohio must not become the Florida of the 2004 election.”

Joining with other nonpartisan coalition partners, the League appears as lead plaintiff in the suit brought in U.S. District Court for the Northern District of Ohio in Toledo. Other members of the coalition include the Ohio AFL-CIO; Association of Community Organizations for Reform Now (ACORN); People for the American Way; American Federation of Sate, County and Municipal Employees; Coalition of Black Trade Unionists; A. Philip Randolph Institute, and Project Vote.

The complaint seeks a temporary restraining order against enforcement of Secretary of State Directive 2004-33, released Sept. 16, which forbids poll workers from issuing provisional ballots to voters unless they can prove they are at the particular polling place for their precinct. Under the Help America Vote Act (HAVA), enacted by Congress in 2002, voters are entitled to receive a provisional ballot in any polling place within the jurisdiction where they live, such as a county or municipality.

“The League has long stood for the rights of all Ohioans to have their voice heard on Election Day. The intent of HAVA was to make voting more accessible by offering provisional ballots to citizens who are registered to vote but who, for whatever reason, do not appear on the voter rolls at the polling place,” McCoy said. “The Secretary of State’s directive violates voter rights.”

The coalition is being represented in the case by Columbus attorneys Donald J. McTigue and H. Ritchey Hollenbaugh, with support from the Brennan Center for Justice at NYU Law School.

McCoy pointed to the likelihood that many Ohio voters would be disenfranchised under this directive. “The idea behind provisional ballots is to ensure that citizens whose registrations were not processed, or whose names are not on the list at a particular polling place for any reason, can at least vote provisionally and have their voices heard in federal, statewide and regional races,” McCoy said. “If a voter arrives at the so-called ‘wrong’ precinct location only minutes before the polls close, there may not be time to make it to the ‘correct’ polling place. That voter should receive a provisional ballot, and provisional ballots cast for president, U.S. senator and other top-of-the-ticket races should be counted.”

Under federal law, the term “jurisdiction” is defined as an “incorporated city, town, borough, or other form of municipality” or “larger geographic area governed by (a) unit of government.” In Ohio, where elections are managed by county government, counties—and not precincts—constitute the jurisdiction for purposes of provisional ballots.

The League of Women Voters of Ohio, a nonpartisan political organization, encourages the informed and active participation of citizens in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy.


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... ask a woman! Hats off to LWV. :)

in illinois a few years back the rethugs decided to end straight party voting because they thought it was an advantage for the democrats.interesting , what about their republican voters -didn`t they like straight party voting? i guess the guy in ohio figures only democrats will take advantage of this provisional balloting..oh well there are some really stupid people in this country...