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09.25.08
ACLU Asks Court to Allow All Registered Voters Access to Absentee Ballots
Files Lawsuit to Protect Newly Registered Ohioans’ Voting Rights
CLEVELAND- The American Civil Liberties Union filed a federal lawsuit
late yesterday challenging Madison County’s decision to deny absentee
ballots to newly registered voters in violation of directives sent by
Secretary of State Jennifer Brunner. The lawsuit was filed in the in
U.S. District Court for the Northern District of Ohio on behalf of the
Northeast Ohio Coalition for the Homeless (NEOCH), 1Matters, Project
Vote and two individual voters.
“If newly-registered voters are prevented from casting absentee ballots
in person or by mail, thousands of Ohio voters will be disenfranchised.
Many people, including students who only recently became old enough to
vote, need to have access to absentee ballots because they may attend
school in a different county or state, but still reside at their home
address,” said ACLU of Ohio Staff Counsel Carrie Davis.
The situation began as a result of Secretary Brunner’s August 13, 2008
directive requesting that local Boards of Elections prepare for people
who wish to register and vote during a five day overlap in voter
registration deadlines and the beginning of absentee balloting.
Currently, a voter must be registered to vote 30 days before the date of
the election, and absentee balloting begins 35 days before the election.
The Board of Elections in Madison County has stated they will only
provide absentee ballots to voters who have been registered more than 30
days before the date they requested an absentee ballot, rather than 30
days before Election Day. The issue is also currently before the Ohio
Supreme Court in the case Ohio v. Brunner, and the ACLU filed a
friend-of-the-court brief in support of Secretary Brunner’s position
earlier this week.
“All voters should have equal access to the ballot box. According to the
decisions by the Madison County Board of Elections, voters who
registered close to the 30 day deadline would be unable to apply for a
timely absentee ballot,” said Meredith Bell-Platts, staff counsel with
the ACLU Voting Rights Project. “Treating one group of voters
differently than another is clearly unconstitutional and violates
numerous federal statutes.”
The complaint also asks that Secretary Brunner take all steps necessary
to ensure that voters will be able to request, receive and submit an
absentee ballot upon their registration.
NEOCH, 1Matters, and Project Vote are non-profit, nonpartisan
organizations. NEOCH and 1Matters provide services to homeless Ohioans
and are planning to help thousands register and cast absentee ballots in
this election. Project Vote provides technical assistance and direct
service to the civic participation community, encouraging voter
education and engagement. The two individual voters are Sherie Penix and
Daniel George. Penix is a voter in Madison County who wishes to register
and cast an absentee ballot. George is a volunteer in Cleveland who
drives homeless and elderly voters to the county Board of Elections to
register and cast an absentee ballot.
"Political maneuvering should not block Ohioans’ access to the ballot
box. These registrations and ballots will be vetted like any other
person’s would be. Hopefully, the court will act to protect these
voters’ rights and halt any further partisan challenges," Davis
concluded.
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State case:
Read the Amicus brief filed in the Ohio Supreme Court in State ex rel Colvin v Brunner
Federal case:
Read the Complaint
Read the motion for a Temporary Restraining Order
Read the Memorandum in support of the Temporary Restraining Order motion
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