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What's Happening in Ohio
An article and two editorials discuss the impact of the last-minute U.S. Supreme Court decision on September 29 that cut Ohio’s early voting from 35 days to 28 days, eliminated same-day registration, and evening and multiple Sunday voting:
WASHINGTON – The U.S. Supreme Court today stayed lower court rulings that restored early voting opportunities in Ohio prior to full trial and in time for the midterm election. The American Civil Liberties Union is challenging a state law and directives that have dramatically slashed early voting opportunities. A federal judge and Sixth Circuit appeals panel have already ruled for the ACLU’s position, prompting the state’s appeal to the Supreme Court.
“While not a final decision on the merits of the case, this is a real loss for Ohio voters, especially those who must use evenings, weekends and same-day voter registration to cast their ballot,” said ACLU of Ohio Legal Director Freda Levenson. “Early voting works-cutting popular days and hours is unnecessary and only hurts voters. To make it even worse, this last-minute decision will cause tremendous confusion among Ohioans about when and how they can vote.”
More information about this case is at:
Read the U.S. Supreme Court decision.
For more information about your right to vote, go to www.acluohio.org/vote
Update – 09.29.14: Due to an order by the U.S. Supreme Court, Ohio’s early voting period has changed. Read our press release: ACLU Comment on Supreme Court Action on Ohio Early Voting.
Update – 09.26.14
This past week there has been a lot of legal activity concerning Ohio’s early voting opportunities:
- On September 24, a three-judge panel from the U.S. Sixth Circuit Court of Appeals affirmed Federal District Judge Economus’ September 4 order restoring early voting opportunities in the ACLU and ACLU of Ohio’s voting rights case NAACP v. Husted.
- The same day, Ohio Attorney General Mike DeWine and Ohio Secretary of State Jon Husted challenged the Sixth Circuit panel decision by requesting that the case be reviewed by the full court.
- On the next day, September 25, the ACLU and ACLU of Ohio filed a response with the appeals court to deny the request.
- At the same time, the state filed a request with the U.S. Supreme Court to stop the ruling from going into effect.
If the Supreme Court denies the state’s request, early voting opportunities will stay the same. However, if the Supreme Court approves the state’s request, early voting would start on October 7 rather than September 30, and same-day registration, evening hours, and a second Sunday of early voting would be eliminated.
View the case on our docket.
Read the documents filed in NAACP v. Husted.
Update – 09.08.14
On September 4, 2014, Judge Economus granted the ACLU’s motion for preliminary injunction, preventing the cuts to evening and weekend voting and elimination of Golden Week from going into effect for the November 2014 election. Judge Economus’ ruling restored Golden Week, added a second Sunday of early in-person voting, and directed Secretary Husted to set evening voting hours during the last two weeks of the early voting period. The State has appealed the decision, and that appeal is pending before the Sixth Circuit Court of Appeals.
The ACLU brought the complaint on behalf of the Ohio Conference of the National Association for the Advancement of Colored People (NAACP), the League of Women Voters of Ohio, and several African-American churches.
It seeks to strike down Ohio Senate Bill 238, a 2014 law that eliminates the first week of early voting in Ohio. The suit is also challenging a 2014 Husted directive that further slashes the early voting period by eliminating all Sundays, the Monday before Election Day, and all evening voting hours.
The complaint, NAACP v. Husted, was filed in the U.S. District Court for the Southern District of Ohio, Eastern Division.
Read our press release for more information.
Update 8/4/14: Ohio Secretary of State Jon Husted cast a tie-breaking vote allowing the Hamilton County Board of Elections (BOE) to move their operations to suburban Mount Airy. With this tie-breaking vote, Husted allows the BOE to move early voting from its current downtown location; however, he urged the board to develop a compromise on where to hold early, in-person voting. The ACLU of Ohio continues to advocate for an early, in-person voting site in downtown Cincinnati where it will best serve all voters.
In February of 2014, the Hamilton County Board of Elections debated whether to move the county’s early voting site from its current location in downtown Cincinnati to the suburb of Mt. Airy, where few bus lines run. During the board’s hyper-partisan debates, they lost site of what is in the best interest of Hamilton County voters, many of whom are low-income, inner-city residents who do not own cars and rely instead on public transportation (or their own two feet) to get to the polls.
Here are maps that illustrate the problem (click to enlarge):
Transplanting early voting 10 miles away from the central hub of downtown Cincinnati to a suburb with limited access to public transportation will dramatically reduce access to the polls for these voters.
Early voting should be centrally located, with plenty of access for public transportation. The current downtown location fulfills both of these major criteria.
Most importantly, the bi-partisan Hamilton County Board of Elections should live up to its name by looking out for the best interest of all voters, regardless of their political persuasion. The best way to do that is to keep early voting downtown. Continue telling the Hamilton County Board of Elections to keep early, in-person voting downtown.
Update 2/24/14: Despite calls from voting rights advocates, editorial boards and civil libertarians across the state to stop making it harder to vote, the Ohio General Assembly has passed S.B. 238 and Governor John Kasich has signed the bill into law.
Along with S.B. 238, Kasich signed S.B. 205, another controversial voting bill that makes it less likely voters will receive absentee ballots while making it easier for elections officials to reject those ballots if voters make a mistake.
The ACLU of Ohio will continue to fight these regressive voting bills and we will keep you informed of new opportunities for action as they become available.
Several bills are pending in the Ohio General Assembly that will reduce access to the polls. The fastest moving is Senate Bill 238, which will shave a week off of early voting and eliminate the brief window of time where voters can register and cast an early ballot on the same day.
It’s not likely to stop there. Soon legislators will be talking about even deeper cuts to early in-person voting limits, as well as absentee ballot restrictions, and stricter voter ID laws.
On November 6, the Ohio General Assembly passed Senate Bill 193, and Governor Kasich immediately signed it into law. SB 193 establishes new regulations for the participation of minor political parties in Ohio elections.
SB 193 will severely limit the ability of minor parties to participate in the political process. Under the new law, third parties now need to collect at least 500 signatures from at least half of the state’s congressional districts in order to gain recognition from the state. In some cases, candidates will need signatures from citizens who have not voted in primary elections for a different political party for the past two years, which is not easy in Ohio’s closed primary system. The law also prohibits minor parties from holding primaries, making it extremely difficult for them to establish statewide support. These are just a few examples of the many problematic regulations established by this law, which has already prompted a federal lawsuit.
This deeply flawed law takes the power away from voters to decide which parties and candidates deserve support and effectively regulates minor parties out of the political process. Read ACLU of Ohio testimony against SB 193, and for more information on this bill, visit our legislation page.
The Secretary of State oversees the election process in each of Ohio’s 88 counties, and registration is required to vote. Information about registering and voting is available at the elections and voting page of the Ohio Secretary of State’s website.
Ohioans can also participate in elections by becoming poll workers, and high school seniors who are at least 17 years old can be excused from school for one day to work the polls. For more information go to our student poll worker page, or contact the local board of elections.
Updated 05.29.13: Thanks to the many Ohioans across the state who took action on this issue, the Ohio Senate Finance Committee has removed this amendment from HB 59.
In 2012 partisan politicians waged a full frontal assault on voting rights.
This year it’s a sneak attack.
An amendment has been added to the massive state budget bill (HB 59) designed to make it more difficult for students to vote in their college communities. This amendment would require public colleges and universities to charge the in-state tuition rate (as opposed to the higher out of state tuition rate) to any student issued proof of residency for voting purposes.
Supporters claim the amendment is aimed at lowering tuition. In reality, the provision is intended to suppress the vote. By stripping away hundreds of millions of dollars in funding from schools that provide proof of residency to out-of-state students, schools will have little choice but to stop providing this documentation. The result? Students will have a harder time voting – even though they have every legal right to vote in their college communities.
This is no accident, it’s a political tactic. This amendment has passed the Ohio House and is now in the Senate.
In the aftermath of the 2012 presidential election, the ACLU of Ohio received numerous reports of voter and poll worker confusion on Election Day. Common complaints included confusion over voter ID requirements and polling locations, and an overreliance on provisional ballots.
As a non-profit, non-partisan organization, our goal is to ensure that every citizen is able to exercise his or her right to vote, free from unnecessary barriers and restrictions. We urge that any voting reform include:
- Extended, uniform early in-person voting hours, to ensure that voters across the state have more access to vote.
- Permanent funding to send absentee ballot applications to all registered voters during presidential and gubernatorial general elections.
- Clear rules for casting and counting of provisional ballots.
- Increased use of technology, such as online voter registration and electronic poll books.
Updated 12.20.12: After voting rights advocates and many concerned citizens across the state took action, HB 159 failed in the Ohio General Assembly at the end of the 2011-2012 session.
Thanks to the efforts of activists and advocacy groups, the Ohio General Assembly has not yet passed House Bill 159. However, the OGA will continue to debate the bill, which would be the most restrictive in the country. Under the new law, Ohioans could only vote with one of the following IDs:
- Ohio driver’s license,
- Ohio state ID card,
- Military photo ID, or
- U.S. Passport.
H.B. 159 could deny the right to vote to thousands who do not have the limited identification accepted and would disproportionately affect low-income, disabled, racial and ethnic minorities, college students, and elderly. The measure has even been opposed by Republican Secretary of State John Husted, who recognized that it is unnecessary and costly. Click here for one real life example.
Updated 05.08.12: Ohio lawmakers repealed HB 194 on May 8, 2012.
In March 2012, Secretary of State Jon Husted began to advocate the repeal of the controversial HB 194, arguing that it should be scrapped and reexamined after the November 2012 election with legislation that is more bipartisan. Theoretically, repealing HB 194 would render a voter referendum unnecessary, though repealing a law that is under voter referendum is constitutionally unprecedented.
Ohio Republicans have latched onto the repeal plan. Despite Husted’s advice to wait until after the election before exploring any new legislation, some legislators have suggested they might try to replace HB 194 with a new voter suppression bill before the November 2012 election. The ACLU of Ohio strongly opposes any additional changes to voting laws before the presidential election, except to repeal all voter suppression laws that were passed in 2011.
The Ohio General Assembly is currently negotiating the terms of a possible HB 194 repeal. However, some legislators do not want to restore early in-person voting in the three days leading up to the election. Early voting was wildly popular among many Ohioans in 2008, when African-American churches used it to mount “Souls to the Polls” campaigns bringing congregations to boards of elections to vote.
On Monday, May 7, 2012, U.S. Senator Dick Durbin (D-IL), held a congressional hearing at the Carl B. Stokes United States Court House in Cleveland. This hearing examined the impact of HB 194, which restricts early voting, eliminates the requirement that poll workers direct voters to the proper precinct, and makes it harder to vote absentee. Senator Sherrod Brown (D-OH) joined Durbin at the hearing and the ACLU offered testimony on the negative impact HB 194 would have on Ohio elections.
In September 2011, the ACLU of Ohio joined voting rights advocates, state legislators, and labor unions to support a referendum on Ohio House Bill 194, which would severely limit early voting, prohibit poll workers from assisting voters completing forms, and make it more difficult for local boards of elections to promote early voting to all registered voters.
Secretary of State Husted certified the referendum on December 9, 2011. This means H.B. 194 will not be in effect through the November 2012 election, where voters will decide if it should be rejected.
Access to the ballot by minor parties is an important function of democracy. Read the August 2011 Columbus Dispatch article: Libertarian Party sues over minor party access limits in new law.
On June 29, 2011, the Ohio legislature passed House Bill 194, legislation which makes a variety of misguided changes to Ohio’s voting system. The short lines and uncomplicated voting process during 2008’s record voting turnout will be replaced by long waits, confused voters, and a glut of provisional ballots. Provisions of the new legislation include:
- Drastically cutting the timeframe for early in-person voting to 16 days from 35 days;
- Preventing counties from mailing absentee ballot applications to residents; and
- Eliminating the requirement for poll workers to help voters find their right precinct.
During a session on July 13, 2011, the Ohio General Assembly passed a bill that corrects one of H.B. 194’s flaws. The bill eliminates the requirement for voters to provide their full Social Security number in order to vote a provisional ballot. Unfortunately, the bill also eliminates online registration and the voter’s ability to present an ID at their local Board of Election before the polls close, if they didn’t have it while voting.
Read testimony in opposition to these measures here.
Read about voting rights lawsuits filed by the ACLU in Ohio in 2006 and 2008.