Posted on 10/21/2004 11:38:12 AM PDT by Mike Fieschko
Ohio Secretary of State Kenneth Blackwell adopted new provisional ballot rules on Wednesday after a harsh rebuke from a federal judge who said Blackwell's original rules violated federal law.U.S. District Judge James Carr said Blackwell, the state's chief election official, failed to comply with a court order last week to draft new rules for county officials handling provisional ballots - the special ballots given to voters who believe they are registered but don't appear on the voter rolls.
"Blackwell apparently seeks to accomplish the same result in Ohio in 2004 that occurred in Florida in 2000," Carr wrote.
Last month, Blackwell said provisional ballots must not be given to voters who appear at the wrong voting precinct and that votes cast in the wrong precinct won't count.
In a lawsuit filed by the Ohio Democratic Party, Carr found that the rule violated the federal Help America Vote Act, which sought to expand the use of provisional ballots so eligible voters weren't wrongly turned away.
Carr also told Blackwell to revise his rules and make alternative drafts in case part or all of his decision is overturned. Blackwell has appealed the case to the 6th U.S. Circuit Court of Appeals.
On Monday, Blackwell submitted a new rule that differed little from the one the judge had already struck down. The judge said new rules must be published soon so local election officials can train their employees properly.
So the judge drafted his own rules, which Blackwell adopted late Wednesday.
"We've always intended to comply with the judge's order," said Blackwell's spokesman, Carlo LoParo. "It's kind of hard to grasp what the judge wants."
Carr's rules would allow voters who ask for provisional ballots to receive one as long as they are registered to vote in the county.
For eligible voters in the wrong precincts, their votes would count only in federal elections, not local races.
Carr also wrote an alternative rule in case the appeals court rules that votes cast in the wrong precinct don't count.
In that case, poll workers should warn voters that their votes may not count - but the voter still can cast a ballot on demand.
Meanwhile, the appeals court in Cincinnati indicated Wednesday that it would rule quickly on the dispute. The case was put on an accelerated schedule allowing for arguments early next week - rocket speed for the appellate court.
The appeals court ordered Blackwell's lawyers to file written arguments this morning that explain why the ruling should be scrapped. The order gives Ohio Democratic Party officials until 10 a.m. Saturday to counter Blackwell's arguments.
A three-judge panel said it may hold a hearing at noon Tuesday if the written arguments are not convincing.
I hope Blackwell knows what he's doing.
Because he won't reward people who refuse to follow simple directions?
The idiocy of the judge is astounding.
Instead of identifying the fact that a voter who shows up to vote at the wrong precinct and uses a provisional ballot will only be voting on national and state issues and will lose the ability to vote on his or her local issues he short shrifts all the local stuff.
His ignorance is utterly amazing.
The laws have been in place for awhile now and nobody has said boo. And show me where in the federal election laws it states that election officials don't have a right to direct voters to go to the PROPER PRECINCTS TO VOTE.
Well, obviously, this is the next "restrictive" provision that will have to go. How am I supposed to know what county I'm in? And what if I do know, but I think my vote will be more valuable in another county? This is just another racist Republican plot to suppress the vote.
Well what sense does it make to vote in the wrong precinct. They would likely be voting on races for which they do not have a right to vote. If I was running in a local race, I would be outraged.
Surely these judges on this panel will be wise like the Florida Supremes. LOL
Anyone know the makeup of the appeals court? Liberal? Conservative?
What a bastard. He should be appealled for political bias.
I don't find this funny,at all.
Blackwell has appealed this ruling. He could do nothing more without being found in contempt. What are you thinking of?
I dunno, he did what he had to do. I just get infuriated at these activist judge a$$holes.
But the idiocy of "provisional ballots", and in fact the whole "Help America Vote Act" is stupefying. And unconstitutional.
Anyone who casts a "provisional ballot" is not voting pursuant to the directions of his State Legislature as required by Article II.
The whole thing is a farce, and can only lead to trouble.
No shiite. That is one of the principle reasons Bush must be re-elected.
Check here to see if your state is listed, as each one is a little different:
There's also now law that says they have to count fraudulent ones either,
They have ten days to allow them to comb through each and every one, and my money is they will.
How are you supposed to know what county you're in? Well if you're a drugged out, dropped out liberal I guess you wouldn't. As to the question regarding voting in a different county to 'make your vote more valuable', I guess there will always be a way to circumvent the system for those who seek to, so that's where a little bit of that stuff called honesty and integrity comes in. Qualities so lacking in the Democrat Party.
So for any confused Democrats out there, please find out what county you live in, then find out how to register to vote and follow the simple rules so we 'racist Republicans' won't have do everything for you.
Answering from my boyfiends log in on my computer... BUT...
I spoke to my father in Ohio yesterday regarding stories of registration fraud in my home state.
Ohio has another battle regarding their state supreme court... TOO liberal... Buckeyes want judicial reform in their own state as much as they want W to stay in office!
State supreme court, both senators and our governor.
All are too liberal.
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