Officials warned not to defy ballot order
Wednesday, October 06, 2004
Mark Niquette
THE COLUMBUS DISPATCH

The battle over who gets to vote in Ohio escalated yesterday, even as Democrats and Republicans said they’re recruiting thousands of lawyers here and in other key states to monitor voting Nov. 2 for potential problems.

Secretary of State J. Kenneth Blackwell yesterday warned county boards of elections’ officials to obey his directive regarding provisional voting or face removal from office, after some said they would disregard it.

Blackwell sent a warning letter to the Cuyahoga County Board of Elections — with copies to all other county elections boards — reminding them they may only issue provisional ballots to voters in the precinct where the voters live, unless a court rules otherwise.

Such ballots are expected to be cast by thousands of voters who have moved or believe they are eligible to vote but do not appear on registration rolls. More than 98,000 provisional ballots were issued in Ohio in the 2000 general election.

Blackwell sent the letter after The Plain Dealer of Cleveland reported the Cuyahoga board had decided to defy Blackwell and issue provisional ballots to all voters who requested one, even if they are in the wrong precinct.

Blackwell’s letter was addressed to Robert T. Bennett, who is chairman of the Cuyahoga board and the Ohio Republican Party.

"Be advised that your actions are not in compliance with Ohio law and further failure to comply with my lawful directives will result in official action, which may include removal of the board and its director," Blackwell wrote.

Bennett said Blackwell misinterpreted the board’s position. Poll workers won’t give a provisional ballot to someone they know to be in the wrong precinct, he said.

But if voters demand a provisional ballot and poll workers aren’t certain, a ballot will be issued. If the board later finds the voter was in the wrong location, it won’t be counted, he said.

Still, Blackwell spokesman Carlo LoParo said the warning applies to all boards — some of which have said they were following a policy different from Blackwell’s directive.

In Delaware County, for example, the practice has been to count provisional ballots cast in the wrong precinct because it only occurs when a poll worker makes a mistake, said Janet L. Brenneman, director of the county’s board of elections.

Poll workers are instructed to find the correct polling location for voters if they try to vote in the wrong precinct.

The issue has become controversial because Democrats and others say thousands will lose the right to vote provisionally if they aren’t told they are in the wrong precinct or if they don’t have time to go to the correct one.

The Ohio Democratic Party has filed a federal lawsuit arguing Blackwell’s directive violates the federal Help America Vote Act — passed after the controversial 2000 presidential election. The League of Women Voters and other civic groups filed their own lawsuit yesterday on that and other issues.

Judge James G. Carr of U.S. District Court in Toledo has asked the parties in the Democrats’ case to file written arguments by Monday instead of holding a hearing, and he will rule shortly thereafter, his office has said.

Three Toledo-area Republican voters also have asked the court to intervene in that case on grounds that changing how Ohio handles provisional ballots could lead to fraud and dilute the value of their votes.

But while Blackwell says he is merely following state law, critics say the directive is part of a systematic effort by Republicans to suppress votes — especially among minorities and the poor, who tend to vote more Democratic than affluent voters.

In response to the controversy and other concerns about whether every vote will be counted, the John Kerry campaign and Democratic National Committee announced a "voter protection" project yesterday in Ohio and 22 other battleground states.

The project includes educating voters before the election about their rights, stationing lawyers at key precincts on Election Day to ensure eligible voters can cast ballots, and creating "swat teams" of lawyers to help file lawsuits after the election if needed.

Not to be outdone, Republicans also are recruiting lawyers and other volunteers to monitor voting and counter Democratic efforts — all designed to prevent problems that plagued the presidential vote in Florida in 2000.

The goal in Franklin County, for example, is to have lawyers at 200 county precincts, said attorney Thomas Rosenberg, voter protection coordinator for Franklin and 16 other central Ohio counties.

Ohio coordinator David Sullivan said, "We’re going to protect everyone’s right to vote and to have votes counted accurately."

Republicans declined to say how many lawyers they will have but said they will match Democrats’ actions.

"The Democrats are making an attempt to lawyer up the voting booths on Election Day," said Jason Mauk, spokesman for the Ohio Republican Party.

"It’s clear the Democrats are willing to engage in any legal maneuver necessary to win this election, and we will not stand by and allow them to throw Ohio’s electoral process into legal chaos," he said.