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The Truth About Ohio Voting


US Politics & Gov't  (tags: Campaign 2012, GOP Lies, Maddow, Videos, Voting Rights )

TomCat
- 697 days ago - politicsplus.org
See 1st comment.



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TomCat S. (287)
Saturday August 11, 2012, 8:05 am


A particularly ugly lie is being spread by the right wing noise machine, especially the Republican Ministry of Propaganda, Faux Noise. They are saying that Barack Obama is attempting to take away voting privileges from the military though his lawsuit in Ohio. Nothing could be further from the truth. All Ohioans used to have early voting privileges on the Saturday, Sunday and Monday before the election day. Ohio Republicans took early voting away from everyone except active military. Obama’s lawsuit has no effect at all on early voting for active military. It merely seeks to restore it to everyone else too. Ari Berman covered this well.
 

Beverly T. (82)
Saturday August 11, 2012, 9:26 am
Glad to see this posted but let's not forget the BLATANT DISCRIMINATION of early voting in several counties in Ohio.
If the county voted predominately Republican, extra hours and days. COME IN AT YOUR CONVENIENCE
If the county voted predominately Democrat, NOPE, NADA, NO SUCH THING IS GOING TO HAPPEN.
They say Dem counties can not afford the extra cost when OUTSIDE SOURCES HAVE OFFERED TO PAY !!!!!
Why isn't the media all over this like flies on poop ?????
 

Lynn Squance (224)
Saturday August 11, 2012, 9:34 am
The following is only part of the suit by Obama for America. There are an additional roughly 30 pages which can be viewed at http://lawprofessors.typepad.com/files/husted-motion-pi.pdf
Case: 2:12-cv-00636-PCE-NMK Doc #: 2 Filed: 07/17/12 Page: 1 of 32 PAGEID #: 22



IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

OBAMA FOR AMERICA; : Case No. 2:12cv00636
DEMOCRATIC NATIONAL :
COMMITTEE; and : Judge Peter C. Economus
OHIO DEMOCRATIC PARTY :
: Magistrate Judge Norah McCann King
Plaintiffs, :
v. :
:
JON HUSTED, in his official capacity :
as Ohio Secretary of State and : PLAINTIFFS’ MOTION FOR
MIKE DEWINE, in his official capacity : PRELIMINARY INJUNCTION
: AND
as Ohio Attorney General : MEMORANDUM OF LAW IN
: SUPPORT
Defendants. :

MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs Obama for America, the Democratic National Committee, and the Ohio
Democratic Party hereby move this Court for a preliminary injunction to prevent the State
Defendants from arbitrarily denying tens of thousands of Ohio voters the right to cast their votes
in the three days prior to Election Day – a critical right that was granted to all qualified Ohio
voters in 2005, used by an estimated 93,000 Ohio voters in the 2008 presidential election, and
inequitably taken away from most, but not all, Ohio voters without justification in the last year.
As demonstrated below, and in the supporting Memorandum of Law, Plaintiffs are very likely to
succeed on their claims that recent legislative changes to Ohio election law violate the Equal
Protection Clause of the United States Constitution; Plaintiffs’ members and supporters –
Democratic voters who may not be able to vote if the right to vote early in person in the three
days prior to Election Day is taken away – will be irreparably harmed if an injunction does not
issue; the balance of hardships tips in Plaintiffs’ favor; and a preliminary injunction restoring
early voting in the three days prior to Election Day for all eligible Ohio citizens would be in the
public interest.
As a result of a confused series of statutory maneuvers and “technical corrections” in the
last year, Ohio election law now treats similarly situated Ohio voters differently with respect to
the deadline for in-person early voting. Following the passage of Amended Substitute House
Bill 224 (“HB 224”) and Substitute Senate Bill 295 (“SB 295”), voters using the Uniformed and
Overseas Citizens Absentee Voter Act (“UOCAVA”) are entitled to vote early up until the close
of the polls on Election Day, pursuant to Ohio Rev. Code § 3511.10; non-UOCAVA voters,
however, face a more restrictive deadline: 6 p.m. on the Friday before an election, pursuant to
Ohio Rev. Code § 3509.03. This disparate treatment, which results in a significant burden on the
fundamental right to vote for non-UOCAVA voters, is entirely arbitrary. The Ohio General
Assembly failed to articulate any justification for this disparate treatment in the legislative record
– an extraordinary omission given that the disparity was brought to the Assembly’s attention
through testimony. Moreover, no legitimate justification can be discerned. The three-day
difference for in-person early voting is unrelated to voter qualifications. Furthermore, even if
there were an asserted justification, the relevant provisions must fall: They burden the
fundamental right to vote but are not necessary to any sufficiently weighty state interest. Finally,
to the extent the disparity was motivated by a bare desire to obtain partisan advantage in the
election contest, that motivation cannot justify the disparate treatment. Nor can a simple drafting
error. In sum, Plaintiffs are likely to succeed on their claim that amendments made to Ohio Rev.
Code § 3509.03 by HB 224 and SB 295, which eliminate the last three days of early voting prior
to Election Day for non-UOCAVA voters only, violate 42 U.S.C. § 1983 and the Equal
Protection Clause of the Fourteenth Amendment to the United States Constitution.
Moreover, thousands of Ohio voters, including many of Plaintiffs’ members and
supporters, will be irreparably harmed if a preliminary injunction does not issue. It is well
settled that an abridgement or dilution of the right to vote constitutes irreparable harm. Here, the
withdrawal from most, but not all, Ohio voters of the right to cast a ballot in the three days prior
to Election Day places a significant burden on the right to vote. This burden, once imposed, can
never be undone. Indeed, early voting – particularly in the three days prior to Election Day when
early voting turnout is heavy – is critical to ensuring that voters are not disenfranchised by the
long delays that plagued the 2004 presidential election.
In contrast, the State cannot demonstrate any hardship at all. Any administrative issues
would be minimal; Ohio has successfully administered early in-person voting in the three days
prior to Election Day for five years. Indeed, the absence of early voting in the three days prior to
Election Day for most Ohio voters is likely to increase the administrative burden on the Ohio
election system given the overcrowding that occurred in the 2004 presidential election before the
early voting system was put in place. To the extent there is any administrative inconvenience
from the relief requested herein, it is far outweighed by the infringement of voters’ constitutional
rights. Finally, it is well settled that protecting constitutional rights, as a preliminary injunction
here would do, is always in the public interest.
In light of the foregoing and as set forth in the Proposed Order submitted herewith,
Plaintiffs seek a preliminary injunction that would prohibit the Defendants from implementing or
enforcing the HB 224 amendments to Ohio Rev. Code § 3509.03, specifically lines 863 and 864
of § 3509.03 (I) in HB 224, as well as the enactment of Ohio Rev. Code § 3509.03 with the HB
224 amendments by SB 295, thereby restoring in-person early voting on the three days
immediately preceding Election Day for all eligible Ohio voters.
Respectfully submitted,
/s/ DONALD J. McTIGUE
________________________
Donald J. McTigue (0022849)
Trial Counsel
Mark A. McGinnis (0076275)
J. Corey Colombo (0072398)
McTigue & McGinnis LLC
545 East Town Street
Columbus, Ohio 43215
Tel: (614) 263-7000
Fax: (614) 263-7078
dmctigue@electionlawgroup.com
mmcginnis@electionlawgroup.com
ccolombo@electionlawgroup.com
Attorneys for Plaintiffs
Robert F. Bauer*
Perkins Coie
700 Thirteenth Street, Suite 600
Washington DC 20005
Tele: 202-434-1602
Fax: 202-654-9104
RBauer@perkinscoie.com
General Counsel for Plaintiffs Obama for
America and the Democratic National
Committee
Jennifer Katzman*
Obama for America
130 East Randolph
Chicago, IL 60601
Tele: 312-985-1645
jkatzman@barackobama.com
National Voter Protection Counsel
for Plaintiff Obama for America

Why is a military citizen's vote more important than that of any ordinary citizen? Procedures are in place to ensure that military personnel serving overseas have access to their constitutional right to vote. The same should be made available to all citizens and that is what the suit seeks to address — equal access to early voting.


I know you are big on states' rights, but when I see this kind of partisanship on such an important issue, I have to say "screw states' rights". Federal election laws should be consistent across the nation allowing all citizens, no matter where situated, the same voting opportunities. As Rachel noted in the 2nd segment, traditionally Republican/Teabagger counties in Ohio will have longer and more flexible voting times than those in traditionally Democratic counties. Not right! Not fair! And that is in the same state.

This is nothing more than another attempt by Rmoney to deflect attention away from issues, like his tax returns, that are torpedoing his campaign — typical Republican/Teabagger tactic along with lying.

 

Kit B. (277)
Saturday August 11, 2012, 9:48 am

Many of us "got into it" on a submission this past week. How one could take this direct invasion of the right to vote, by the republican legislatures of many states, as Obama's fault is beyond comprehension. The issue of the military is as some call it, a "False Flag" or just misusing the fact that the republicans are not going to allow the military ID as valid voter ID in Ohio. Because of a strong "grass roots" movement in Ohio, this whole thing is now in the courts and the movement to stop this "Voter Suppression". Yes, the president is strongly supportive of all citizens to have the right to vote. No matter how this is twisted to be any thing else, this is about vote suppression, and there is no real voter fraud, but there is election fraud, and this boys and girls is the most direct and unabashed attempt at election fraud since 1964. Though of course, there is the elections of 2000 and 2004. Are we really going to allow this?

Hey, TomCat...have fun on Blog Talk Radio today.

For those who don't know:

www.blogtalkradio.com/liesmycountrytoldme - Tune in, be ready for good conversation and funny stuff.
 

Terrie Williams (760)
Saturday August 11, 2012, 10:52 am
Yeah, we already had a fracas about this earlier in the week....not going to get into again....unless you-know-who crashes this tread....and then I may or may not go nuclear depending on the comment(s) that particular troll makes. :)

This isn't just voter suppression and election fraud...this is a blatant in-your-face attempt at a bloodless coup for the full-blown Fascists to take control of this country and never again let there be anything else other than their form of government and their party....goodbye Democracy or any semblance of it.

Why Holder isn't all over this like .02 nanoseconds I have no idea. The media not being all over this is because it is good theatre to them and they will milk it for ratings but not much else. Rachel Maddow is about the only one who is covering it they way it should be. And maybe Ed Schultz, but nothing is being really done about it. A lot of talk and no action.

I want to see these little Hitlers in Ohio, Florida, Arizona and yes, Texas, arrested and carted off to jail and then convicted of Treason, Sedition and Election Fraud. This cannot be left to completion or we will not have any real, true, legitimate voting for any other party or parties ever again.

The only ones perpetrating fraud, of the most heinous kind, around the US is the REPUBLICANS. PERIOD.
 

Kit B. (277)
Saturday August 11, 2012, 1:34 pm

Sorry Terrie, Lynn, Tomcat out of Green Stars, maybe they all melted? Dawg, it is so dang HOT!!! Maybe Perry needs to get out his "pray for the rain" gang again? Oh, never mind. I forgot, didn't work.
 

Dave C. (209)
Saturday August 11, 2012, 2:09 pm
...actually Republican voting beliefs are simple......Republicans should vote....non-Republicans don't deserve the right......of course, they've admitted that only the rich should have any political power....
 

Kit B. (277)
Saturday August 11, 2012, 2:27 pm


**Slight correction Dave, only the VERY wealthy should have political power and only registered republicans should be allowed to vote.
 

Mary T. (188)
Saturday August 11, 2012, 5:19 pm
The very idea of voter suppression by the GOP is nothing more then taking away more of our rights, Every American should be required to vote if they are of age, This is a disgrace to our country to try to keep people from voting, These states that are trying to do this should not even be allowed to vote for anything.
 

RR Sutton (7)
Saturday August 11, 2012, 8:29 pm
I agree with Mary. I think laws should be passed that penalize eligible voters when they fail to vote. I also think that people should be allowed to vote from their home; by mail, telephone or internet as well as voting in person at a polling station. This would make it easier for the millions nationwide that live in the inner cities and have neither a drivers license nor a car. I also would like to see election day changed to the first weekend in November so people would have the opportunity to vote on days when the vast majority of people are off of work.
 

Susanne R. (249)
Saturday August 11, 2012, 10:29 pm
The Romney campaign is going to provide us with many more "misinterpretations" of actions taken by the Obama administration. Unfortunately, many people are gullible or simply aren't interested in delving into issues to determine what's true and what isn't. We HAVE to make that effort to determine, and we have to share that information with those who are uninformed. There's too much at stake here.
 

Jaime A. (32)
Saturday August 11, 2012, 11:22 pm
Thanks for info.
 

Allison C. (0)
Saturday August 11, 2012, 11:30 pm
Wow I've really been out of the loop. I live in Ohio and I did not ever hear about this. I can't believe what is happening though.
 

Giana Peranio-Paz (377)
Sunday August 12, 2012, 1:11 am
Noted.
 

Pat A. (116)
Sunday August 12, 2012, 2:57 am
The Republicans are lying their *rses off again - so what is new? Carrie B commented on this while you were poorly TC - and pointed out that what the Democrats want to do is to extend the times people can vote whilst the Republicants want to reduce them.
 

Carol H. (229)
Sunday August 12, 2012, 4:51 am
noted, thanks Tom
 

Jennifer C. (172)
Sunday August 12, 2012, 5:22 am
Thanks.
 

Joe R. (195)
Sunday August 12, 2012, 6:07 am
Thanks TomCat. Noted.
 

John Gregoire (257)
Sunday August 12, 2012, 6:51 am
As usual TC there are lies on both sides. That said, I don't believe in early voting, mail voting or anything other than showing up, proving your identity and voting on election day. Military and hospitalization absentee ballots should be the only exception. The only proveable voter fraud does not happen due to false ID but rather from conveniently "losing absentee ballots". The Emocrats have been experts at the latter.
 

TomCat S. (287)
Sunday August 12, 2012, 9:27 am
Thanks to all except John. I challenge you to to point a single lie in my article.

Oregon is 100% vote by mail, and our system is a beacon for the nation.
 
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