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OH: Court: All residents can vote 3 days before election

By   /   August 31, 2012  /   Comments Off

By Maggie Thurber | Special to Ohio Watchdog

COLUMBUS — U.S. District Judge Peter Economus has issued a preliminary injunction against Ohio Secretary of State Jon Husted on Friday and ordered in-person voting for all Ohioans during the three days prior to the Nov. 6 election.

Obama for America, the National Democratic Party and Ohio Democratic Party sued Husted and Attorney General Mike DeWine in the Southern District Court of Ohio over state law, which said only members of the military and their families could vote in person on the Saturday, Sunday and Monday before the election.

Economus found that Ohio Revised Code section 3509.03 is unconstitutional “to the extent it changes the deadline for in-person voting from the close of business on the day before Election Day to 6 p.m. on the Friday before Election Day.”

He also ruled that it violates the Equal Protection Clause of the U.S. Constitution.

The decision prohibits Husted from implementing or enforcing that portion of the law.

The judge did support Husted’s authority to issue a directive regarding the hours elections boards in the counties are open those three days.

“This Court anticipates that Defendant Secretary of State will direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with his earlier directive that only by doing so can he ensure that Ohio’s election process is ‘uniform, accessible for all, fair, and secure,’” according to the ruling.





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