Ohio's Husted Blasted for Elections Law Violation

Wednesday, 14 Nov 2012 10:45 AM

By Sandy Fitzgerald

  Comment  |
   Contact  |
  Print   |
    A   A  
  Copy Shortlink
A federal judge Tuesday ordered Ohio Secretary of State Jon Husted to make corrections to last-minute directive he issued a few days before the Nov. 6 election on counting provisional ballots, calling it a ‘flagrant violation of a state elections law” that could disenfranchise voters.
U.S. District Judge Algenon Marbley said the Republican election chief’s “surreptitious” new rules on rejecting provisional ballots were set at 7 p.m. on the Friday before Election Day, reports the Cleveland Plain Dealer.
In response Husted said he plans to appeal the ruling, saying the judge’s decision would allow fraudulent votes to be counted.
Husted’s directive requires election officials to reject provisional ballots if voters did not fill out the part of the ballot application asking for some form of identification.
Judge Marbley said the directive violates a state law that makes poll workers, not voters, responsible for filling out the ballot application. He said it also violates a consent decree protecting provisional ballots that have mistakes because of poll worker error.
"Ohio voters reasonably expect that the secretary of Ohio will abide by the General Assembly’s laws in administering a federal election," Marbley wrote in his decision. "For an executive of the state to (flout) state law in arbitrarily reassigning a poll worker’s statutory duty to a voter, with the result being disenfranchisement of the voter, is ‘fundamentally unfair and constitutionally impermissible.’"
Ohio Elections officials will start counting provisional ballots from the Nov. 6 election on Saturday. Marbley’s ruling narrows the guidelines for rejecting ballots, and it orders Husted to craft an acceptable alternative directive by noon Friday.
Marbley, who was appointed by former President bill Clinton, also criticized the design of the provisional ballot application, which he said makes it difficult for elections officials to even determine if errors are the fault of the poll worker or voter. He questioned whether the poor drafting was "by design or accident."

© 2014 Newsmax. All rights reserved.

  Comment  |
   Contact  |
  Print   |
  Copy Shortlink
[Error loading the WebPart '']
Value cannot be null. Parameter name: virtualPath
Send me more news as it happens.
Get me on The Wire
Send me more news as it happens.
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
Zip Code:
Privacy: We never share your email.
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
You May Also Like

Gmail Blocked in China; Government Censorship Suspected

Monday, 29 Dec 2014 10:53 AM

Gmail was blocked in China on Friday, and remained down Monday, with many blaming the government for the censorship. . . .

Blind Dog Lands in Hot Tub Safely After Falling 15 Stories

Monday, 29 Dec 2014 10:51 AM

A partially blind dog landed in a hot tub after falling 15 stories from a California apartment balcony and then swam to  . . .

Bitcoin Worst Investment of 2014, According to Bloomberg

Monday, 29 Dec 2014 10:05 AM

Bitcoin was dubbed one of the worst investments of 2014, with its value plummeting further than any other major currency . . .

Top Stories

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

America's News Page
©  Newsmax Media, Inc.
All Rights Reserved