Train Wreck in Ohio?
By Sibley Arnebeck
Posted on Tue Oct 31, 2006 at 08:46:38 AM EST
New directives from the Secretary of State, court challenges, District Court opinions overturned by the 6th Circuit Court of Appeals.... What is a poor county board of elections official to do?
It all started when the legislature hurried through HB 3, a more than 300 page bill, overhauling our elections systems to counter the bogus claim of massive "voter fraud" in Ohio. Virtually all of the testimony in committee hearings by interested parties and good government groups, including Common Cause/Ohio, warned of the dangers of passing this legislation without more time and careful scrutiny. There was also a great deal of testimony from the same groups about the dire consequences of implementing new ID requirements for voting, and about how it would disenfranchise a certain group of voters, which includes seniors, the poor and student populations, especially when there was no proof of any real problem with "voter fraud."
The bill was passed along party lines with only one Republican voting no, and with no attention paid to our dire predictions about the new ID requirements. Here we are a little over a week before the election, and the legality of these requirements is still in question. After the 6th Circuit Court of Appeals, Sunday, blocked an emergency order issued by Judge Marbley of the U.S. District Court in Columbus, on Thursday, to set aside ID requirements for absentee voters, Subodh Chandra, the attorney for the plaintiffs, stated to the press: "We hope that the 6th Circuit is not taking the position that one must permit an election to be a train wreck before one tries to stop the wreck."
The Attorney General's office, who is representing the Ohio Legislature, and who appealed Marbley's decision to the 6th Circuit, (in opposition to the Secretary of State's desire to let the District Court opinion overturning the ID provisions in HB 3 stand) said, "We want to work with the plaintiffs to identify how to ensure the smoothest election but at the same time protect against voter fraud."
The legislature is clearly not willing to let go of their bogus argument that started all of this in the first place.
The question at issue last week, and that the courts are deciding now, focuses on the problem of the difference of opinion on what constitutes proper ID for the absentee ballot. One form of ID that is asked for on the form is a driver's license number. But there are two numbers on Ohio driver's licenses, and the most prominent one is the wrong number. Some boards of elections, as of late last week, were reporting 10% of the absentee ballots which had come in so far had used the wrong number, and would be disqualified.
Chandra has said that he plans to appeal to the U.S. Supreme Court the decision of the 6th Circuit. Judge Marbley will be holding a hearing on Wednesday on whether the voter ID law should apply when voters go to the poll on November 7.
Tags: 6th Circuit Court, Judge Marbley, HB 3, ID requirements (all tags)
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