Ohio must allow in-person voting 3 days before Election Day, court rules

The U.S. Court of Appeals on Friday reinstated in-person early voting in Ohio on the three days before the Nov. 6 General Election, handing the Obama campaign, Democrats and voting rights advocates what they see as a major victory. Local county elections boards will decide what office hours to add.

The Sixth Circuit court rules that a 2011 Ohio law violates the equal protection clause of the U.S. Constitution’s 14th amendment. That law allowed in-person early voting on the three days prior to the election for military and overseas voters only.

“As a result of this decision, every voters, including military, veterans and overseas voters alongside all Ohioans, will have the same opportunity to vote early through the weekend and Monday before the election,” said Bob Bauer, general counsel for the re-election campaign of President Barack Obama.

In July the Obama campaign and state and national Democratic parties sued Ohio Secretary of State Jon Husted and Ohio Attorney General Mike DeWine to reinstate the in-person voting rules that had been in place since 2005 in response to long lines on Election Day. Friday’s ruling could be appealed to the U.S. Supreme Court.

“My office is reviewing today’s decision by the court as we determine the best course of action moving forward,” Husted said in a news release issued Friday. “On Monday we will make a determination on how to proceed legally and provide administrative guidance to Ohio’s boards of elections.”

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Rob Scott, chairman of the Montgomery County Republican Party, said he supports Husted’s efforts to get uniformity across the state in voting hours.

“We still fully support that and support it going forward,” Scott said.

Husted’s directive that all counties have the same hours for early voting led to his firing in August of former Montgomery County Board of Elections members Dennis Lieberman and Tom Ritchie Sr.

Lieberman and Ritchie’s lawsuit over the firing is pending before U.S. District Judge Walter H. Rice and could be impacted by Friday’s appeals court ruling because it raises similar constitutional issues, said Montgomery County Board of Elections Deputy Director Steve Harsman.

“I do think it doesn’t hurt our case in any way,” Lieberman said. “It is an exciting ruling and I think it is great for our community.”

The court granted local county boards of election discretion to determine what, if any, early voting hours they will have on the three days prior to the election — which is contrary to Husted’s directive that voting hours be uniform statewide.

“It’s a big victory and it certainly puts the matter back in the laps of the board of elections,” said Ellis Jacobs, of the Miami Valley Voter Protection Coalition, which is a member of the Ohio Fair Elections Network.

“All the members of boards should vote to extend voting hours for all voters on those last three days,” Jacobs said. “(The network) is calling on Husted not to appeal it and to announce that if called on to break any tiebreaker he will vote on expanding hours to all voters, military and non-military alike.”

Evidence showed that an estimated 105,000 Ohio voters cast ballots in person on the last three days before the presidential election in 2008, according to the court.

The court ruling said, “Plaintiffs introduced extensive evidence that a significant number of Ohio voters will in fact be precluded from voting without the additional three days of in-person early voting.”

“While we readily acknowledge the need to provide military voters more time to vote, we see no corresponding justification for giving others less time,” the court ruled.

The court ruled that the state did not prove the extra hours would be overly burdensome for boards.

It’s not clear what local boards will do as local officials said they will need to see what their board members decide. Harsman said he will recommend that the hours be expanded to that weekend to reduce long lines on Election Day.

“I think this is a good thing for the citizens of Montgomery County based on the popularity,” Harsman said.

Steve Quillen, director of the Miami County board said his employees are too busy getting ready for Election Day and he will recommend against weekend hours. He said voters have plenty of opportunities to vote in person or by mail, along with casting ballots on Election Day.

“They have 35 days to vote. It’s not like rocket science,” Quillen said.

Warren County board director Kim Antrican said she does not believe having voting on the three days prior to the Nov. 6 election will be a problem for her staff. “It’s just one more thing we have to do,” she said.

Clark County Board of Elections Director Matthew Tlachac said the issue will likely be discussed at 10 a.m. on Tuesday at the board of elections meeting and Butler County’s Deputy Director Jocelyn Bucaro said the board also will likely decide what to do next week.

Bob Hamilton, chairman of the Champaign County Democratic Party, said the board will likely vote on the issue during its meeting Oct. 18. The additional voting days might present an extra challenge due to the additional work and hectic schedule, but Hamilton said increasing access to the polls is usually a good idea.

“My thought is we want to be open as much as possible for the public if the rest of the board agrees to that,” he said.

Staff writers Tiffany Y. Latta, Matt Sanctis and Ed Richter contributed to this story.

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