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When we last checked in with Ohio Secretary of State Jon Husted (R), he was still trying to limit early-voting opportunities in advance, taking his case to the 6th Circuit Court of Appeals.
Today, he lost there, too.
The 6th U.S. Circuit Court of Appeals ruled on Friday that Ohio must make early voting during the three days before the election available to all voters if it's available to military members and voters who live overseas. The ruling upheld a lower court's decision.
"The State's asserted goal of accommodating the unique situation of members of the military, who may be called away at a moment's notice in service to the nation, is certainly a worthy and commendable goal," the court ruled. "However, while there is a compelling reason to provide more opportunities for military voters to cast their ballots, there is no corresponding satisfactory reason to prevent non-military voters from casting their ballots as well."
The full ruling is online here.
To briefly recap for those who haven't been following this story, Ohio had previously allowed voters an early-voting window of three days before Election Day, which in turn boosted turnout and alleviated long lines in 2008. This year, Republican officials wanted to close the window -- active-duty servicemen and women could vote early, but no one else, not even veterans, could enjoy the same right.
One prominent Republican official recently conceded he opposes weekend voting because it would "accommodate the urban -- read African American -- voter-turnout machine."
President Obama's campaign team filed suit, asking for a level playing field, giving every eligible Ohio voter -- active-duty troops, veterans, and civilians -- equal access. Ohio Republicans kept pushing back, but as of today, they've lost.
There is, however, a catch.
For one thing, Husted and the Kasich administration may well appeal to the full 6th Circuit -- which isn't exactly the 9th Circuit when it comes to being reliably progressive -- and hope for an en banc reversal. There isn't much time remaining, but it's something to look out for.
For another, the federal appeals court panel doesn't require early-voting opportunities, and leaves the matter up to individual county elections boards to decide how to proceed.
As Rick Hasen explained, that may cause new problems.
[T]he court's remedy creates a potential new equal protection problem for the state, by allowing different counties to adopt different uniform standards -- though the Secretary of State could well impose uniformity.
Hasen's take on this is a little wonky, and too long to excerpt here, but it's worth checking out for a fuller understanding of today's outcome.
That said, to make a long story short, today is a win for voting-rights advocates and the Obama administration, and a defeat for Ohio Republicans. It is not, however, the end of the fight, and GOP officials have some available options.
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though the Secretary of State could well impose uniformity.
You can take it to the bank that if Husted has any part in it, the only "uniformity" will be making everyone conform to the most restrictive he can find. The one thing you can always depend on with Republicans is that they will always do the most phuckheaded thing.
Right on
America wake up and smell the tea bag's, they are not Americans they are used car salesman.....
really sad, but predictable of this party. they scream patriotism and being the real americans. then when they think we are not looking they try to steal away our rights. if obama was not president we would not be going through this mess. if they are so worry about voter fraud all they have to do is look at themselves. Go help the investigation in florida, north carolina, or colorado.
They love America the way a sculptor loves the statue hidden inside a block of marble: by hacking away all the bits they don't want.
And of course the voters in Ohio wait on pins and needles for their elected officials to end put road blocks in the way of their rights.
Seems to me that if you actually care about freedom you could get a little "animated" over the republican's suppress the vote drive!
At least do whatever you must to vote these pukes out of office.
Isn't this exactly the Bush v. Gore rationale -- voters in different counties can't be treated differently. Of course, that ruling was supposedly "limited to its facts," but it nonetheless has been cited in voting rights cases.
And what is it with these Courts and their half-assed decisions. This one, and the PA Court where they can still ask for an ID, even if they can't stop you from voting. In Ohio it's a license to discriminate and in PA, a license to intimidate.
How can a judge not require the same voting hours be used throughout a state? This makes no sense to me at all. I can't believe this is constitutional.
The GOP would poison a blind man's dog if they thought the guy might vote for Obama. SHAME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
It is about time that a uniform voting process be put in place federally prohibiting any person, state or municipality from establishing laws or procedures that deny any persons ability to vote. The facilitation of human suffrage is not a Republican or Democratic party issue. It is The most fundamental right in any democracy. Voting by mail, early voting, weekend voting, as well as any other voting process that makes it easier for our populace to vote should be encourages not limited. If Identification is an issue, then the state who wishes to impose that requirement, must first insure that 100% of the people affected have the state Identification prior to any election!!
With time running out we need to do whatever we can to GOTV and NEVER FORGET. Voting republican in any race will lead to this again and again and again.
Hold these specific lawmakers accountable yes, but never forget how this was a concerted effort nationwide wherever republicans had any control.
Poison the dog or poison our civility towards free and open debate . Either way , with the republican vision , you may rely upon a first rate application of the best viral toxicity* available anywhere . Liberally applying rancor , hate , and confusion our thicker than brick conservatives can manufacture magical attitude emetics on target .
Always available at all the best partisan divide and conquer strategists parlours everywhere .
Poison an idea a day for a better tomorrow .
*Not known to feed on angry Tea baggers and white boomer babies .
This worked against Republican interests, this continuous assault by Husted. People feel real empowered by defeating the suppression, and will show up and vote. Ohio has been poorly represented by the lawmakers who got voted in in 2010. Everything they have tried has been knocked down.
DONE!
This is a victory for freedom, democracy, and the God given right for everyone to vote.
But, but, but ... what happened to the talking point about Obama trying to prevent the military from voting? Surely there must still be some way to claim this.
George Martin_
The HONORABLE Mister Barack Obama, President of the United States of America never tried to prevent the military from voting, he merely said that if the members of our military can vote so should those who pay their salary... We need to post this on the rep's websites
What no one has mentioned, and MUST be WATCHED is how does Ohio's electronic voting machines RECORD THE VOTE? I lived in Ohio when they went "electronic".. The state bought the computers from a small business (owned by two brothers) that had "developed" a few "glitches".... In many machines, it was discovered that if you voted "D" the MACHINE recorded "R"... there was a lot of press (after the election" but I'm not sure if the problem was really resolved.... Perhaps someone should look into this... Possibly in other states also, as we all know the "R's" are doing any and all immoral things they can think of to TAKE this election.
Just a thought... Thank You
for your time
Ken McHenry
Remember this one?
Diebold Voting Machine Owner Committed To Give Votes To Bush in 2004
As an Ohio resident, I know Tom Ritchie and Dennis Lieberman. Thanks for standing up for what's right. I would also like to know why for the last two nights, 10/4 & 10/5, MSNBC's signal on Time Warner cable has mysteriously been lost during your show.
I grew up near Romney. I'm about the same age. I knew kids who went to Cranbrook Academy. They did not live in the real world. I am also an alumnus of Miami University, where Paul Ryan went. A fact that I am embarrassed to admit.
I'm really glad to see that those in the auto industry are letting Mitt know exactly what they think of his "let Detroit go bankrupt" philosophy. I've sold to the auto industry, and it's suppliers for 25 years, and seen dozens of plants closed, and jobs lost to China. Obama is the first administration to actually do something about it. And Sherrod Brown is also fighting the good fight. Thanks!
One last thought, if you look at the laws the republicans, (who are controlled by the tea-party) and all the republican (tea-party) controlled states laws they have perpetrated against the people such as the voter restriction, womens health care, union (collective bargaining) laws ,etc. you should begin to see a pattern... All these laws were CONSTITUTIONAL. These laws were ALL determined to be constitutional by the SUPREME COURT of the UNITED STATES of AMERICA. The tea-party and their puppets, the rest of the republican party, are trying to undermine our constitutional laws... they are trying to UNDERMINE OUR CONSTITUTION!
Remember the age old axiom.."DEVIDE AND CONQUER"... Americas enemies have preached this for at least as long as I've been aware (55 years)... and they are doing it NOW!
I took an OATH to PROTECT and DEFEND the Constitution of the United States of America when I enlisted in the U.S. NAVAL RESERVES in 1965... and while I cannot say we need to forceably overthrow the government, I can ask you to look into the bills (LAWS) that undermine the constitution... FEMA, PATRIOT ACT, HOMELAND SECURITY, and the last one was, I think, NDAA... ALL of these have clauses that give the governing body to throw aside the constitution... PLEASE CECK THEM OUT!
Study ALL of your choices for elected officials and choose wisely, OUR very existance depends on YOUR educated vote!
I for one will vote OBAMA/BIDEN!
There actually is a common sense argument to limit the vote in the post "Too Many People Vote" at the "Grumbles From an Old Grouch" blog. (grumblesfromanoldgrouch.com). It would have the added benefit of giving us better laws and (hopefully) better politicians.
The Republicans probably wouldn't like it, because it doesn't discriminate on the basis of minority, poverty or political party. Plus, the effect of all that campaign cash would be lessened a great deal.
ps: Don't assume that it's anti-democracy just because of the post's title.
Thomas Jefferson said, "We, in America do not have government by the majority. We have government by the majority who participate.
It is obvious that some people in Ohio do not want the "majority of those who participate" to include minorities, particularly if the minorities become a part of a majority.