Court rules for GOP in absentee ballot dispute
Thursday, October 02, 2008
COLUMBUS — Republicans have won a round with Democratic Secretary of State Jennifer Brunner in what's turned into an ongoing dispute over voting procedures.
A unanimous Ohio Supreme Court on Thursday, Oct. 2, ordered Brunner to tell county boards of elections not to reject applications for absentee ballots because of an unmarked box next to next to a statement that the applicant is a qualified elector.
"No vital public purpose or public interest is served by rejecting electors' applications for absentee ballots because of an unmarked check box next to a qualified-elector statement," the Supreme Court decision said.
The absentee ballot applications in question were supplied by Republican presidential candidate John McCain's campaign. Other application forms for absentee ballots don't include the boxes.
Brunner, who contended that state law forced her to reject the applications with unchecked boxes, said that she would "gladly follow the high court's decision." She said she previously had advised local boards of elections "as to what the law appeared to require."
"Today's ruling allows the Secretary of State and boards of elections the legal authority to rule on the side of voters rather than the strict, complex application rules passed by the legislature," Brunner said in a press release.
Earlier, the Ohio Supreme Court and federal judges had upheld Brunner's ruling that permits new voters to register and cast absentee ballots on the same day from Tuesday, Sept. 30, through Monday, Oct. 6. Republicans contended that state law requires voters to be registered for 30 days before voting in all cases.
Also, the U.S. Sixth Circuit Court of Appeals in Cincinnati, at Brunner's request, overturned a lower court ruling allowing observers at absentee voting locations. Republicans wanted the observers permitted but Brunner, a former judge, said state law doesn't allow for them.
Contact this reporter at (614) 224-1608 or whershey@DaytonDailyNews.com.


