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10.10.08
Voting Rights Groups Call on Greene County Officials to Halt Investigation on Innocent Voters
Allegations of Voter Fraud Without Evidence Could Chill Voters’ Participation in Election
XENIA, OH- The American Civil Liberties Union and other voting rights
groups sent a letter to Greene County Sheriff Gene Fischer and Greene
County Prosecuting Attorney Stephan Haller insisting they stop
unsubstantiated investigations of voters who lawfully registered to vote
and cast a ballot on the same day. Despite claims that he is
investigating alleged voter fraud, Sheriff Fischer has been quoted in
news reports that he does not have any first hand reports to support
these allegations.
“The sheriff and prosecutor’s actions amount to nothing more than a
massive fishing expedition. As an officer of the law, they should know
better than to launch an investigation on hundreds of people without a
shred of evidence. Publically announcing this investigation will only
serve to intimidate county voters and make more people wary of
participating in the political process now and in future elections,”
said ACLU of Ohio Staff Counsel Carrie Davis.
On Thursday, October 9, 2008, Fischer requested registration cards and
change of address forms from the Greene County Board of Elections for
all 302 voters who took advantage of the five day window allowing for
same-day registration and voting. Fischer stated that he wanted the
information in order to track whether or not same-day voters were
registered in other localities and were qualified electors in Greene
County.
“Legitimate voters are being treated like criminals for exercising their
right to vote. These voters have done nothing wrong, yet they are being
unfairly targeted by law enforcement officials who have no evidence of
wrong doing,” said Meredith Bell-Platts, staff counsel with the ACLU
Voting Rights Project. “Three federal courts and the Ohio Supreme Court
have determined that the five day window for same-day registration and
voting is legal. These law enforcement officials ought to move on and
stop intimidating innocent voters.”
The Ohio Supreme Court and U.S. District Court for the Northern District
of Ohio ruled on September 29, 2008 that same-day registration and
voting during the five day window is legal under Ohio law. The U.S.
District Court for the Southern District of Ohio declined to stop the
program subsequent to the Ohio Supreme Court’s ruling. The Sixth Circuit
Court of Appeals upheld the five day window as well.
Joining the ACLU in its letter to Sheriff Fischer and Prosecuting
Attorney Haller are the Lawyers Committee for Civil Rights Under the
Law, Project Vote and Demos: A Network for Ideas and Action and Ellis
Jacobs.
"Conducting an investigation involving hundreds of people without any
evidence of criminal activity is not only poor police work, it is
illegal. Federal law protects voters from being intimidated, even
unintentionally, by the actions of others. If voters believe that simply
casting their ballot lawfully will subject them to investigation by
police, it will almost certainly lead to some avoiding the ballot box,"
Davis concluded.
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Read the Letter to the Greene County Sheriff and Prosecuting Attorney
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