Support NorthStar News - Make a Donation

video icon  Video of the Week

Kenyan Art Up for Auction in London

Search Past Issues

October 11, 2012

Early voting sign

Ohio Will Appeal to Supreme Court to Restrict Early Voting

by Frederick H. Lowe
Ohio Secretary of State Jon Husted announced on Tuesday that he will appeal to the U.S. Supreme Court a lower-court decision, reinstating early voting throughout the state three days before the presidential election for all residents, not just military personnel.

The Obama campaign sued Husted, a Republican, over the order limiting the early voting three days before the November 6 general election to military personnel.

A three-judge panel of the 6th Circuit Court of Appeals ruled on Friday that the statute violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, which says a state cannot deny a person living within its jurisdiction equal protection of the laws.

The court ruled that the state failed to show why the early-voting period should not be allowed for everyone. Under the Circuit Court’s ruling, residents would be allowed to vote Saturday, Sunday and Monday before Election Day.

Ohio officials argued that military personnel deserved special consideration because they could be deployed at any time and that local boards needed the weekend to prepare for the general election. The court disagreed with Husted’s argument. In its decision, the judicial panel said police and firefighters could be called away and prevented from voting on Election Day as well.

Husted invoked states’ rights in announcing his intention to appeal the lower court decision.

“This is an unprecedented intrusion by the federal courts into how states run elections and because of its impact on all 50 states as to who [will vote] and how elections will be run in America, we are asking the Supreme Court to step in and allow Ohioans to run Ohio elections,” Husted said.

He added: “This ruling not only doesn’t make legal sense, it doesn’t make practical sense. The court is saying that all voters must be treated the same way under Ohio law, but also grants 88 election boards the authority to establish 88 different sets of rules. That means that one county may close down voting for the final weekend, while a neighboring county may remain open. How any court could consider this a remedy to equal protection is stunning.”

Husted said he wants uniform voting hours across the state.

Ohio is an important swing state with 18 electoral votes. After President Barack Obama’s lackluster performance in the first debate with former Massachusetts Gov. Mitt Romney, the Republican nominee's popularity has improved in polls. However, the president still led in Ohio by four points following a surge by Romney, according to Dr. David Bositis of the Joint Center for Political and Economic Studies, a Washington, D.C., think tank for black elected officials.

It is not known whether the U.S Supreme Court will take the Ohio case, titled Obama for America vs. Husted. If it does, it would not be the first time the court has intervened in a highly political case.

During the 2000 presidential election, the Supreme Court ended Vice President Al Gore’s challenge to the outcome of the vote in Florida, handing the presidency to George W. Bush. Democrats accused the court of engaging in partisan politics. Republicans said the court issued a courageous decision.

The Northstar News & Analysis, Inc.
Chicago, IL | 312.504.0223
Copyright © The Northstar News & Analysis, Inc.
Contact Us: info@TheNorthstarNews.com
Privacy Policy

My statusContact Us on Skype