Judge: new Blackwell directive on provisional ballots inadequate

Associated Press   20 October 2004

COLUMBUS, Ohio - A federal judge on Wednesday rejected Secretary of State Kenneth Blackwell's latest order on how to handle voters who show up at the wrong polling place on Election Day.

U.S. District Judge James Carr of Toledo also has written his own version of the orders and said he's ready to direct Blackwell to send those orders to county elections board directors.

Carr said he did everything he could to suggest to Blackwell how to write the order.

"But Blackwell chose - for reasons he has not undertaken to explain thus far - to disregard those suggestions," Carr wrote in his decision. "His doing so makes it necessary for this Court to do the job that he should have done."

Democrats sued after Blackwell issued his first order last month saying voters would not be allowed to cast a vote unless they were in their correct precinct.

After Carr ordered Blackwell to try again, Blackwell submitted an order that would have required voters to sign a form saying they were aware their vote could be discounted under state law.

Carr's order Wednesday rejected that second attempt by Blackwell.

In response, Blackwell has appealed to the 6th U.S. Circuit Court of Appeals. But on Wednesday, he also submitted another proposed order that does not warn voters that their vote could be discounted.

It's now up to Carr to decide whether to accept that version or require Blackwell to use the ones Carr crafted.