VOTERS WIN AGAIN: SCOTUS REJECTS OHIO GOP EFFORT TO SHUT DOWN EARLY VOTING

Republican Sec. of State Husted finally forced to announce Early Voting hours for final three days before Election Day...

UPDATE: Order denying stay issued by entire Court without dissent

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The old baseball adage that three strikes and you are out applies to Ohio’s Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal — strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted’s eleventh hour request for a stay of Judge Economus’ decision — strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted’s efforts to limit early voting were “clearly aimed at ‘Souls to the Polls,'” the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus’ initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards “to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5,” according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request “to the Court,” which, in turn, denied the stay without any dissents.

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VOTERS WIN AGAIN: SCOTUS REJECTS OHIO GOP EFFORT TO SHUT DOWN EARLY VOTING

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  1. 1)
    Brandt Hardin said on 10/16/2012 @ 4:19pm PT: [Permalink]

    They’ll try anything to win. Is there any doubt a Romney administration would favor the rich and increase the income gap in our country? Mitt is a pariah in Mormon Clothing and will stop at nothing to expand an empire of greed for the rich in this country by expanding tax cuts for the 1% of the wealthiest Americans. He’s out to gut the Middle Class for every red cent he can get. Will his sacred Mormon underwear grant him the protection and money to buy this election? See for yourself as Mitt dons his tighty-whities sent down from the Good Lord Himself at http://dregstudiosart.blogspot....underwear.html

  2. 2)
    Randy D said on 10/17/2012 @ 6:53am PT: [Permalink]

    There needs to be a “Strike Four” — a clear warning from the Justice Department that Husted will be investigated and prosecuted if he fails to comply fully with the ruling.

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    5)
    Ernest A. Canning said on 10/18/2012 @ 2:14pm PT: [Permalink]

    John Puma makes a valid point @ 4, especially since, as noted by Think Progress:

    In 2008, the most populous counties in Ohio allowed more time for early voting””both in terms of days (thirty-five) and hours (on nights and weekends in many places). For the three days before the election, early voting locations were open for a total of twenty-four hours in Columbus’s Franklin County (8-5 on Saturday, 1-5 on Sunday and 8-7 on Monday) and 18 and a half hours in Cleveland’s Cuyahoga County (9-1 on Saturday, 1-5 on Sunday, 8:30-7 pm on Monday). During those final three pre-election days in 2008, 148,000 votes were cast and “wait times stretched 2 1/2 hours,” reported the Columbus Dispatch.

    Husted’s reasons are rather obvious given several counties already report early turnout that is nearly double of that of the previous election, with Obama leading amongst early voters by 19% whereas Romney and Obama are tied at 43% amongst those yet to vote.

    The problem is that I do not believe the reduced hours violate Judge Economus’order[PDF], which states:

    IT IS FURTHER ORDERED that in-person early voting IS RESTORED on the three days immediately preceding Election Day for all eligible Ohio voters. And specifically, for the purposes of the 2012 General Election, this Order restores in-person early voting to all eligible Ohio voters on Saturday, November 3, 2012; Sunday, November 4, 2012; and Monday, November 5, 2012. This Court anticipates that Defendant Secretary of State will direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with his earlier directive that only by doing so can he ensure that Ohio’s election process is “uniform, accessible for all, fair, and secure.”

    Uniform reduced hours were applied equally to all counties.

    If they were concerned about a specified number of hours, the petitioners should have raised that in the original proceeding. They may find it difficult to persuade Judge Economus to order additional hours at this late date.

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