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Fields reports: "Ohio Secretary of State Jon Husted on Friday rescinded a directive that blocked boards of election from setting in-person early voting hours for the final three days leading up to Election Day."

Cleveland resident casts his vote in 2008. (photo: J.D. Pooley/Getty Images)
Cleveland resident casts his vote in 2008. (photo: J.D. Pooley/Getty Images)



Ohio Secretary Backs Down on Early Voting - For Now

By Reginald Fields, The Plain Dealer

09 September 12

 

hio Secretary of State Jon Husted on Friday rescinded a directive that blocked boards of election from setting in-person early voting hours for the final three days leading up to Election Day.

But the Republican secretary still hopes to forestall a federal court's order that he set hours for voting during that run-up period to Nov. 6, asking to hold off at least until the state's request to appeal is decided.

Husted's action came in response to federal Judge Peter C. Economus, who this week ordered Husted to appear in his courtroom on Sept. 13 to explain why he issued a directive that appears to ignore Economus' recent court ruling.

On Aug. 30, Economus, of the U.S. District Court for the Southern District of Ohio, ruled that a new state law -- which would have shut down early voting after 6 p.m. on Friday, Nov. 2, until the polls opened on Tuesday, Nov. 6, except for military personnel -- is unconstitutional.

His written opinion added: "This court anticipates that defendant Secretary of State will direct all Ohio elections boards to maintain a specific, consistent schedule on those three days."

Instead, Husted issued a directive telling the boards to do nothing for the time being.

The lawsuit was brought by Democratic President Barack Obama's campaign and named Husted as a defendant. Ohio Attorney General Mike DeWine, a Republican, immediately announced that Ohio would appeal.

Husted responded to Economus' order for him to appear in court by dropping his directive that barred the 88 local boards of election from setting voting hours Nov. 3 through Nov. 5. Instead, the secretary asked Economus to issue a stay of his ruling while the state seeks to appeal.

"The secretary would never intentionally contravene an order issued by the federal district court or any other court -- and this case is no exception. Therefore, the secretary has today rescinded," reads a response to the court filed by Husted's attorneys.

"The secretary respectfully requests that this court stay the order pending appeal," it reads.

By asking for a stay of the ruling until the U.S. Sixth Circuit Court of Appeals decides whether to hear the case, Husted hopes to avoid having to set the voting hours for those final three days until after the appeal is resolved.

Separately, Husted has already imposed a directive that sets hours for the rest of in-person early voting, which starts on Oct. 2, placing the hours from Mondays through Fridays -- 8 a.m. to 5 p.m. for the first three weeks and 8 a.m. to 7 p.m. for the final two weeks -- with no weekend voting.

But Ohio has always set more lenient hours for military personnel and their families. The law in question would have allowed in-person early voting over those final three days for them, but no one else.

Economus did not alter the rules for the military members and their families but said that it was wrong to not give every other registered Ohio voter the same opportunities for voting.

The ruling was considered a victory for Democrats who are believed to have been the beneficiaries of a large number of in-person early voters in the final weekend in Democrat-rich counties, such as Cuyahoga, before the 2008 election, helping Obama win Ohio and the White House.

DeWine has said that he is appealing to fight for Ohio's rights to set its own laws.

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