“A Great Day For Democracy”: Federal Judge Upholds Early Voting Rights For All Citizens
A federal judge has ordered Ohio to restore in-person voting rights on the weekend before election day, in the second major victory for voting rights advocates in two days.
In July, the Obama campaign filed a lawsuit stating that Ohio’s new election law “arbitrarily eliminates early voting during the three days prior to Election Day for most Ohio voters, a right previously available to all Ohio voters.” The recently enacted law gave preferential treatment to members of the military, who were allowed to vote at a board of elections up through the Monday before Election Day, while civilians had an earlier voting deadline of 6 p.m. on the Friday before Election Day.
The Obama campaign argued that the law was politically motivated and designed to suppress Democratic voters, who are most likely to utilize early-voting options. Additionally, the campaign disputed the legality of instituting unequal voting rights for UOCAVA (“Uniformed and Overseas Citizens Absentee Voter Act) and non-UOCAVA voters.
In his opinion, Judge Peter C. Economus agreed with the Obama campaign’s complaint.
“A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction.” Dunn v. Blumstein, 405 U.S. 330, 336 (1972). In Ohio, that right to participate equally has been abridged by Ohio Revised Code ‘ 3509.03 and the Ohio Secretary of State’s further interpretation of that statute with regard to in-person early voting. In 2005, Ohio expanded participation in absentee balloting and in-person early voting to include all registered Ohio voters. Now, “in-person early voting” has been redefined by the Ohio legislature to limit Plaintiffs’ access to the polls. This Court must determine whether preliminary injunctive relief should be granted to Plaintiffs on their claim that Ohio’s restriction of in-person early voting deprives them of their fundamental right to vote. Following Supreme Court precedent, this Court concludes that Plaintiffs have stated a constitutional claim that is likely to succeed on the merits. As a result—and as explained below—this Court grants Plaintiffs’ motion for preliminary injunction.
Just hours after the decision, Ohio Attorney General Mike DeWine announced that he will appeal to the Sixth Circuit U.S. Court of Appeals. As election law expert Rick Hasen notes, the Sixth Circuit has been “bitterly divided in election law disputes in the past”, and the case “could get very ugly very quickly.” So while the Obama campaign won a victory today, the battle for voting rights in Ohio is far from over.
By: Axel Tonconogy, The National Memo, August 31, 2012
“Misleading And Abusive”: Mitt Romney Angers Veterans And Nuns
I’ve been honored to serve Ohio in both Statehouse chambers and in the United States Congress. And if there is one thing I’ve learned about Ohioans, it’s that you don’t cross those who dedicate their lives to service and expect to get elected.
Unfortunately for his campaign, Governor Romney has managed to upset both veterans and nuns this week.
Gov. Romney began the week by infuriating veterans when his efforts to bolster his campaign through blatant lies about the Commander-in-Chief backfired. Seeking the votes of Ohio veterans, Romney intentionally misconstrued the President’s lawsuit against the Ohio Secretary of State and Attorney General as an attack on our service members. This transparent political move angered veterans and active military members – like me – throughout the country, who rightfully resent his misuse of the goodwill and respect we have earned through our sacrifices.
Here are the facts that Mitt Romney eagerly distorted: In an effort to reduce lines at the polls, Ohio instituted an early voting period that extended through the Monday before Election Day. However, after the 2008 election, partisan conspiracy theorists, bitter about the Democrats’ historic victory, blamed this early voting period for the President’s success in Ohio. After conservatives took over the state legislature, they fought to push back the early voting deadline. They were able to do so for all voters except active duty military, who enjoy special protection under federal law.
President Obama’s suit seeks to reinstate the early voting period for all Ohioans. He wants service members to continue to be able to vote early, as well as every other Ohioan – including the state’s 913,000 veterans and our military family members who are not protected by the special federal law. Our voting rights are sacred and the numbers we’re talking about should alarm everyone. In 2008 alone, 93,000 voted during this early voting time period. More than enough to sway the outcome of this election.
Governor Romney’s campaign twisted the intent of this lawsuit, and falsely claimed that the President was attacking the rights of military voters. Knowing our country’s deep appreciation for the contributions of our military, his campaign is attempting to manipulate the goodwill of voters and turn them against the President. Lying about our men and women in uniform in this disgraceful manner is politics at its dirtiest, and Governor Romney’s tactics have angered veterans and military personnel throughout the country. We who serve do not appreciate our work and sacrifice being turned into false fodder for his personal political gain.
As if using military service members in his campaign smears was not unscrupulous enough, Governor Romney’s campaign has also spent the last week levying insults at our nation’s struggling poor. His most recent attacks focus on welfare and welfare reform, charging that the President has not been as hard on those in poverty as his democratic predecessor President Bill Clinton.
Not only have these accusations angered President Clinton, who has adamantly rejected this characterization of himself and the current president, but they have also upset nuns working for social justice. Yesterday, Sister Simone Campbell, Executive Director of the Catholic organization NETWORK, issued an invitation to Governor Romney to join her and her Sisters for a day of service, where he can witness firsthand (as the nuns do every day) the hardship faced by Americans living in poverty.
Misleading voters, abusing veterans, vilifying the poor, angering nuns – these are not the campaign tactics of a successful candidate for the presidency of the United States of America. There are moral standards in politics, and Governor Romney is going to learn that when the election returns come in from Ohio.
By: John Boccieri, Guest Blogger and Former Congressman, Ohio; Think Progress, August 10, 2012
“Dark Days Of Repression”: Ohio Early Voting Cutbacks Disenfranchise Minority Voters
On Election Day 2004, long lines and widespread electoral dysfunctional marred the results of the presidential election in Ohio, whose electoral votes ended up handing George W. Bush a second term. “The misallocation of voting machines led to unprecedented long lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters,” found a post-election report by Democrats on the House Judiciary Committee. According to one survey, 174,000 Ohioans, 3 percent of the electorate, left their polling place without voting because of the interminable wait. (Bush won the state by only 118,000 votes).
After 2004, Ohio reformed its electoral process by adding thirty-five days of early voting before Election Day, which led to a much smoother voting experience in 2008. The Obama campaign used this extra time to successfully mobilize its supporters, building a massive lead among early voters than John McCain could not overcome on Election Day.
In response to the 2008 election results, Ohio Republicans drastically curtailed the early voting period in 2012 from thirty-five to eleven days, with no voting on the Sunday before the election, when African-American churches historically rally their congregants to go to the polls. (Ohio was one of five states to cut back on early voting since 2010.) Voting rights activists subsequently gathered enough signatures to block the new voting restrictions and force a referendum on Election Day. In reaction, Ohio Republicans repealed their own bill in the state legislature, but kept a ban on early voting three days before Election Day (a period when 93,000 Ohioans voted in 2008), adding an exception for active duty members of the military, who tend to lean Republican. (The Obama campaign is now challenging the law in court, seeking to expand early voting for all Ohioans).
The Romney campaign has recently captured headlines with its absurd and untrue claim that the Obama campaign is trying to suppress the rights of military voters. The real story from Ohio is how cutbacks to early voting will disproportionately disenfranchise African-American voters in Ohio’s most populous counties. African-Americans, who supported Obama over McCain by 95 points in Ohio, comprise 28 percent of the population of Cleveland’s Cuyahoga County but accounted for 56 percent of early voters in 2008, according to research done by Norman Robbins of the Northeast Ohio Voter Advocates and Mark Salling of Cleveland State University. In Columbus’s Franklin County, African-Americans comprise 20 percent of the population but made up 34 percent of early voters.
Now, in heavily Democratic cities like Cleveland, Columbus, Akron and Toledo, early voting hours will be limited to 8 am until 5 pm on weekdays beginning on October 1, with no voting at night or during the weekend, when it’s most convenient for working people to vote. Republican election commissioners have blocked Democratic efforts to expand early voting hours in these counties, where the board of elections are split equally between Democratic and Republican members. Ohio Republican Secretary of State Jon Husted has broken the tie by intervening on behalf of his fellow Republicans. (According to the Board of Elections, 82% of early voters in Franklin County voted early on nights or weekends, which Republicans have curtailed. The number who voted on nights or weekends was nearly 50% in Cuyahoga County.)
“I cannot create unequal access from one county board to another, and I must also keep in mind resources available to each county,” Husted said in explaining his decision to deny expanded early voting hours in heavily Democratic counties. Yet in solidly Republican counties like Warren and Butler, GOP election commissioners have approved expanded early voting hours on nights and weekends. Noted the Cincinnati Enquirer: “The counties where Husted has joined other Republicans to deny expanded early voting strongly backed then-candidate Barack Obama in 2008, while most of those where the extra hours will stand heavily supported GOP nominee John McCain.” Moreover, budget constraints have not stopped Republican legislators from passing costly voter ID laws across the map since 2010.
The cutbacks in early voting in Ohio are part of a broader push by Republicans to restrict the right to vote for millions of Americans, particularly those who voted for Obama. “The Republicans remember those long lines outside board of elections last time in the evenings and on weekends,” Tim Burke, Democratic Party chairman in Cincinnati’s Hamilton County, told the Enquirer. “The lines were overwhelmingly African-American, and it’s pretty obvious that the people were predominately—very predominately Obama voters. The Republicans don’t want that to happen again. It’s that simple.”
Ohio in 2012 is at risk of heading back to the dark days of 2004. “Voting—America’s most precious right and the foundation for all others—is a fragile civic exercise for many Ohioans,” the Enquirer wrote recently.
By: Ari Berman, The Nation, August 8, 2012
“Red, White And Untrue”: Romney’s Big Lie About Military Voting
No, Obama is not trying to restrict military voting in Ohio.
If Ferris Bueller taught us anything, it was this: If you’re going to lie or mislead, do it in a big, over-the-top kind of way. At least it’ll be memorable.
It’s a lesson Mitt Romney’s campaign took to heart this past weekend. But instead of stealing a Ferrari or taking over a parade, they opted for something much darker. Halfway through the general-election campaign, attacks from both campaigns have been so relentless as to make each one fade into a low background buzz. Getting something to cut through the noise is hard. So when President Obama’s campaign filed a lawsuit to restore the rights to all Ohio citizens to cast early ballots up until the Sunday before Election Day—a right that the Ohio legislature had restricted to active-duty military personnel casting their ballots in person—the Romney side decided to go all in with a charge so outlandish it was bound to capture attention.
“President Obama’s lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage,” the Republican candidate’s Facebook message proclaimed. Next came a statement from the campaign: “We Must Defend the Rights of Military Voters.” Right-wing bloggers took it from there, and the outraged headlines came pouring forth. When 15 military groups filed paperwork to be interveners in the case, requesting that the Obama campaign’s suit be dismissed in court, the whole thing really caught fire.
After months of backing voting restrictions—like voter ID laws that could disenfranchise hundreds of thousands across the country—you almost have to admire the chutzpah of the Romney campaign for lashing out against Obama on the issue of voting rights, and accusing him of restricting military voters. Particularly because the charge is entirely untrue.
If there’s one thing that’s certain in Ohio, it’s that voters in the military will have the right to vote on the Saturday, Sunday, and Monday before the November 6 election—no matter what happens with Obama’s lawsuit. Active-duty soldiers who are stationed outside of Ohio still get to send in their ballots, too. It’s the rest of the state—including a much larger number of veterans and military families—whose early-voting rights the Obama campaign is suing to protect. The president wants to ensure that all Ohio voters can vote early, as they could in 2008. Ohio’s Republican leadership wants to keep it limited to active military—making voting harder for everyone else, and likely decreasing turnout among poorer and likely Democratic voters. But they still want points for patriotism!
While the motivations for the skirmish are almost entirely political, the fight will have a real impact on voters in one of the nation’s most fiercely contested battleground states. So let’s break it all down:
What exactly is the Obama campaign suing over?
Thanks to its status as a key swing state, many will remember the infamous Election Day lines at Ohio polling stations. After it got particularly horrendous in 2004, the state extended its early voting period to ease the pressure at the polls. Famously in 2008, black church congregations showed up en masse to vote for Obama on the Sunday before the election; around 93,000 Ohioans voted in the three days before the election. There’s nothing unusual about this: Across the country, early voting has been successfully adopted by most states as a way to increase turnout and make Election days go more smoothly. The extra days particularly help those without access to transportation or with inflexible job schedules—poorer voters who tend to vote Democratic.
But after Obama’s win, Republicans began promoting a voter-restriction strategy across the country, including Ohio. The state’s majority-Republican legislature passed a bunch of new voting laws in 2011. Among other things, they halted early voting on the Friday before the election; it had previously continued until Monday, the day before the election. But as the Washington Post explains, “there was a problem: The measures contained conflicting deadlines for military personnel and their families, who benefit from the Uniformed and Overseas Citizens Absentee Voter Act.” To resolve the conflict, Ohio’s secretary of state determined that while military voters would get to vote through Monday, the rest of the state would have an early voting deadline three days earlier. In other words, while an active-duty solider could cast a ballot on the Sunday before an election, a military veteran, like the rest of the state’s voters, could not.
And that’s where the lawsuit comes in?
Right. The Obama campaign argues that all state voters should have the same deadline: the Monday before Election Day. By creating two different classes of voters, the Obamacampaign argues, Ohio now violates the Equal Protection Clause of the U.S. Constitution. “Whether caused by legislative error or partisan motivation,” the lawsuit reads, “the result of this legislative process is arbitrary and inequitable treatment of similarly situated Ohio voters with respect to in-person early voting.”
The Romney campaign is charging that, by calling for equal treatment for all Ohio voters, the Obama campaign is saying that it’s unconstitutional for military voters to have extended early voting priviledges. That’s patently false. “They’re not asking for the court to somehow withdraw the rights of military and overseas voters,” says Sonia GIll, an associate council for the Lawyer’s Committee for Civil Rights Under Law. “They’re asking for the rest of Ohioans to have the same rights afforded in-person military voters.”
Meanwhile, military voters overseas or in combat will not be impacted one way or another—they can still send in absentee ballots as always.
But if military voters aren’t being affected, why are military groups working to have the lawsuit dismissed?
Good question. Fifteen groups representing active soldiers have “intervened” in the Obama campaign’s suit, asking that the judge dismiss the case. The groups are afraid that the campaign’s argument will undercut privileges for members of the military: “Although the relief Plaintiffs seek is an overall extension of Ohio’s early voting period,” their motion to intervene states, “the means through which Plaintiffs are attempting to attain it—a ruling that it is arbitrary and unconstitutional to grant extra time for early voting solely to military voters and overseas citizens—is both legally inappropriate and squarely contrary to the legal interests and constitutional rights of [the military groups intervening].”
In other words, the government must be allowed to make accommodations to military voters that are not made for the rest of the population, even when the military voters in question are voting in-person in their state. (Calls to two of the groups in the suit were not returned.)
But the government already makes special accomodations for military voters—thanks in part to President Obama. He signed the Military Overseas Voter Empowerment (MOVE) Act, which made a number of extra voting guarantees to servicemen and women overseas. For example, military bases now must have voter-registration services, and those serving overseas are allowed to send and receive their applications for voter registration and absentee ballots by email or fax as well as through the mail.
But when it comes to the lawsuit, it’s Team Obama versus a united military and Team Romney?
Hardly. When it comes to special privileges on U.S. soil, many have argued against the groups intervening in the Ohio lawsuit. Diane Mazur, a law professor at the University of Florida and a former Air Force officer, told Buzzfeed that the groups’ argument is “extremely misleading.” While military voters get special privileges when away on duty and voting absentee, Mazur says there’s no history of providing particular accomodations to military voters casting a ballot in person. “The idea that service member are fuller citizens than the rest of America is a disaster for military professionalism,” she says.
Jon Stoltz, who heads the group VoteVets, has been outspoken in support of the Obama campaign’s lawsuit. “What appalled me so much about the narrative in Ohio,” he said on a telephone call with reporters, “is that the Romney campaign is supporting legislation that actually denies 900,000 veterans in the state of Ohio the right to vote early.”
By: Abby Rapoport, The American Prospect, August 8, 2012
“A Blatant Attempt To Mislead”: Romney Falsely Accuses Obama Campaign Of Trying To Restrict Military Voting Rights
Mitt Romney attacked a lawsuit brought by President Obama’s campaign seeking the restoration of early voting rights for Ohio voters by falsely implying that Obama is trying to take away the early voting privileges for members of the military.
“President Obama’s lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage,” Romney said in a statement Saturday.
Actually, the Obama campaign’s lawsuit, filed by the campaign in mid-July, explicitly asks a federal court to restore in-person early voting rights to all eligible Ohio voters on the three days preceding Election Day.
The suit does not seek to prevent members of the military from voting in person during that period, rather it seeks to force Ohio to give other voters (including, for instance, cops and firefighters) the same opportunity to vote.
Romney said in the statement that as president he would “work to protect the voting rights of our military, not undermine them.” He said that members of the military “make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote.”
The Romney campaign did not immediately respond to a request for comment from TPM on whether he believes cops and firefighters should also be allowed to vote in the three days before the election.
Obama’s campaign is fighting back, calling Romney’s statement a “blatant attempt to mislead” voters.
“This lawsuit seeks to treat all Ohio citizens equally under the law,” Obama for America attorney Bob Bauer said in a statement. “We want to restore the right of all to vote before Election Day.”
Under the Obama administration, the Justice Department has filed 10 lawsuits and reached nine settlements with various states to protect military voters under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
Late update: Obama for America Veterans and Military Family Vote Director Rob Diamond issued this statement:
“Mitt Romney and his campaign have completely fabricated a claim that the Obama campaign is trying to restrict military voting in Ohio. In fact, the opposite is true: the Obama campaign filed a lawsuit to make sure every Ohioan, including military members and their families, has early voting rights over the last weekend prior to the election. The case filed with the court could not be clearer on this point. The real story of what is happening in the Buckeye State is that Mitt Romney supports the Republican effort to stop people from voting by restricting their access to the polls. In 2008, more than 93,000 Ohioans utilized early voting in the three days before the election. In complete disregard of the will of Ohio voters expressed last year through the referendum process, the Republican legislature is attempting to remove from the vast majority of voters — including veterans of our armed services — the early voting rights they enjoyed in 2008. This latest Republican attack on rights of voters is shameful — and so is Mitt Romney’s endorsement of it.”
By: Ryan J. Reilly, Talking Points Memo, August 4, 2012
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