Husted to Appeal Early Vote Ruling

U.S. Supreme Court could be next stop for early voting during final three days before election

click to enlarge Ohio Secretary of State Jon Husted
Ohio Secretary of State Jon Husted

Ohio Secretary of State Jon Husted will appeal a ruling that expanded voting during the three days before Election Day to all Ohioans. If the appeal is approved, the early voting issue will be taken up by the U.S. Supreme Court.

On Friday, the Sixth Circuit Court of Appeals sided with President Barack Obama's campaign and the Democrats when it said voting during the weekend and Monday before Election Day must include all Ohioans. Previously, the three early voting days only applied to military personnel and their families.

The appeals court ruling passed the final decision behind the three voting days to the county boards of elections and Husted. Unless Husted enacts uniform rules like he has done in the past, boards of elections will decide whether voting will still take place on those days. If there is a tie vote, Husted will be the tie breaker.

In a statement, Husted hinted at setting uniform rules if the appeal is unsuccessful: “Since some boards of elections have already started to take action on hours of operation for the three days before Election Day, I am going to take time to consult with all 88 counties before crafting a directive to set uniform hours should the state not be successful upon appeal.”

In the past, Husted argued voting procedures should ideally be “locked down” months before Election Day. But with this appeal to the Supreme Court, the rules will remain up in the air.

Ohio Republicans have repeatedly blocked any expansion of in-person early voting, citing racial politics and costs. Doug Preisse, close adviser to Gov. John Kasich and chairman of the Franklin County Republican Party, said in an email to The Columbus Dispatch on Aug. 19,

“I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban — read African-American — voter-turnout machine.” Black voters tend to favor Democrats by big margins.

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