Judge Blasts Ohio’s Last Minute Disenfranchisement Effort: ‘I Don’t Want To See Democracy Die In The

[DonViejo]

Source: ThinkProgress

Judge Blasts Ohio’s Last Minute Disenfranchisement Effort: ‘I Don’t Want To See Democracy Die In The Darkness’

By Aviva Shen posted from ThinkProgress Justice on Nov 9, 2012 at 6:00 pm

Ohio Secretary of State Jon Husted is fast becoming one of the most despised election officials in the country for his many attempts to restrict early voting and throw out legitimate provisional ballots. He’s also alienating federal judges left and right. After Husted issued a last-minute directive that could invalidate thousands of Ohioans’ votes, US District Judge Algenon Marbley did not bother to hide his impatience with the secretary’s hijinks.

Husted’s directive, which was issued at 7 pm on the Friday before the election, openly defies Ohio state law by shifting the burden of correctly filling in a provisional ballot form from the poll worker to the contested voter. As Andrew Cohen at the Atlantic explains, Judge Marbley had already worked out an agreement that placed the responsibility on poll workers and the state, so a vote would still be counted if the poll worker made an error. Husted’s directive snuck around this agreement, apparently infuriating the judge:

THE COURT: Mr. Epstein, would you agree that voting is the linchpin of our democracy?

[STATE ATTORNEY] MR. EPSTEIN: Yes, Your Honor.

THE COURT: I do too. What concerned me about the 2012-54 directive is that it was filed on a Friday night at 7 p.m. The first thought that came to mind was democracy dies in the dark. So, when you do things like that that seeks to avoid transparency, it appears, then that gives me great pause but even greater concern. So, if anyone I’m going to give additional time to, it’s going to be you, Mr. Epstein, because you have a lot of explaining to do [...] I’m really trying to get to the root of this, and I don’t want to see democracy die in the darkness on my watch, especially with voting. You know I have a special place for voting.

Ohio’s attorney was unable to point to any legal justification for ignoring the law and shifting the burden to the voter. Marbley exploded:

Read more: http://thinkprogress.org/justice/2012/11/09/1169321/federal-judge-not-amused-by-ohio-gop-secretary-of-states-last-minute-disenfranchisement-directive/

[Deep13]

1. This never happened under Jennifer Brunner's watch. nt

[Scuba]

2. A long prison term would serve as a deterrent to others.

[Ikonoklast]

19. "Pour l'encouragement des autres."

A little private thinking time about the perils of contempt of a Federal judge.

[CTyankee]

34. I love the term! Thank you for that!

[FarPoint]

3. Expose this Jon Husted for his intent to disenfranchise Ohio voters.

I want to know how many provisional ballots were discounted based upon this abuse of power exercised by Jon Husted. Another thing....how many voters just walked away?

[Angry Dragon]

4. He belongs in prison

[FarPoint]

6. Maybe he would cut a deal...

Maybe he has some names to give up....like who was the leader or mastermind.

Could it be....

Turd Blossom?

[oldhippydude]

16. DOJ--->ALEC-->RICO... conspiracy to deny voting rights

we know who was behind it follow the money.....and yes, remember the 2006 U.S. attorney scandal?.... that had turd blossoms prints all over it

[FiveGoodMen]

30. Unfortunately, if it includes the word conspiracy, no one will even think about it

Even here on DU, everyone seems to 'know' that bad people NEVER make plans and that only the most laughable fools would ever think they did.

[oldhippydude]

33. yes we are so conditioned to the right wingers interlocking conspiracy's

that we almost feel the tinfoil on our heads using the term...call it what you want, but connect the dots..

[rocktivity]

5. Maybe the threat of captial charges and federal prision time

would finally put an end to this.


rocktivity

[DeSwiss]

7. The judge should have put his ass in jail for contempt.

- That would have ended all this bullshit. End of story.

K&R

[BainsBane]

22. Husted and everyone else

Who engaged in voter suppression: people who sent fake letters telling people their registration was revoked, those who sent false robo calls, all of them.

[Cha]

8. So is THIS and other Voter Suppression Tricks from Husted ..the Reason

KKKarl thought he had it in the bag for his donors and mittLies?

[FarPoint]

9. That is my gut feeling....

I sure would appreciate a through investigation immediately. Prosecution is the only way to end this abuse of power.

I live in Ohio...actually the same county Husted is from..... same county Dennis Lieberman, (D) lives. Dennis was the Board of Elections Officer fired by Husted for fighting to keep weekend early voting.

Yea...Oh Boy.

[FiveGoodMen]

31. "Prosecution is the only way to end this abuse of power"

And even then, it will only work if it includes significant prison time for those at the top.

If it's a fine, probation, community service, any kind of slap on the wrist it will just be treated as the cost of doing business.

Long years in a little cell -- for the BIG fish -- that's the only thing that will deter the next bunch of traitors.

[gateley]

10. Makes taking Ohio that much sweeter!

[freshwest]

11. That's a good judge -- and he needs to be retained in office, back him in the next election.

[elleng]

12. THE COURT: So show me where it is.

Show me where it’s meant. Show me the legislative history. Show me the facts that the secretary used to make the decision to change this directive at seven o’clock on a Friday night on the eve of an election. I want to see it, and I want to see it now. Show it to me.

MR. EPSTEIN: Your Honor, I have no legislative history to present to the Court.

Marbley isn’t the first federal judge to be provoked by Husted’s defiance. After another district judge, Judge Peter Economus, ruled that Ohio must restore early voting hours on the three days before the election, Husted forbade the local election boards from following the court order. Husted backed down when the judge issued a terse order that demanded he appear in court to personally explain himself.

Marbley’s ruling is expected Monday. Provisional ballots will be counted on November 17.

[Justice4All1]

13. Husted needs to be voted out. he lives by the vote repeal it need to repeal him

Vote him out, OH.

[kestrel91316]

14. Judge Marbley is a hero. But after this, he needs to hire some personal security.

[Stargazer09]

15. No kidding

I admire him for standing up to Husted, but I'm worried for his safety. There are a lot of dangerous people out there.

[kestrel91316]

17. Yep. He's a marked man now. I'm dead serious.

[Stargazer09]

18. I know

Edited to add that this is my 1000th post. Spent years as a lurker before signing up right after the 2004 election, so Sunday will mark my eighth anniversary on DU. I don't post very often, but I love this community.

[brush]

21. I think Husted better watch his back . . .

. . . along with Rove. They were paid huge dollars and were supposed to deliver the election to Romney and didn't. When Husted saw all those other states going to Obama and everybody paying very close attention to Ohio, he said "I'm outta here, I'm not going to jail for a Turd Blossom", and didn't flip the votes like Rove was expecting him to. Thus the Rove meltdown live on FOX. Beautiful!

[drm604]

27. This is one of the best explanations I've seen as to what happened.

The fix was in, but the pressure was on and the on the ground people chickened out.

[Botany]

20. I am not a lawyer but .....

..... this is the 4th Fed. court that has smacked down Husted.

1) Judge Peter Economus Cleveland

2) 3 Fed. Judge Panel (Cincinnati ????? )

3) SCOTUS

4) Fed. Judge Marbley Columbus, OH

I might be wrong but with the DoJ, the Federal Courts, and thousands of lawyers and
poll watchers following the Ohio 2012 vote I think Husted was afraid to pull the trigger
on any major vote flipping operation.

[bonniebgood]

24. Ding, Ding, Ding to Botany and others

Husted was afraid to flip all those counties that was not in which was HUGE Obama counties .
the racist and big money lost and democracy Won.
Just maybe this is the last election we will have to hear campaigns about abortion, rape, racist dog whistles.
they convinced romney that the racist whites, election fraud, voter suppression would deliver Ohio and PA and FL.
next election the billionaires will have to buy the Internet since wall to wall tv ads did not work.

[patrice]

23. Kick!

[daybranch]

25. Cause and effect

republican gerrymandering lets this happen. Stamp out gerrymandering and you will have a better country.

[polichick]

26. Isn't there a federal law that would be people like this in jail...

...for preventing citizens from voting? If not, there should be.

[COLGATE4]

28. Epstein learned lesson #001 for practice in Federal

Courts - NEVER fuck with a Federal Judge! You've heard about 800 lb. gorillas? These guys are 1000lb. Gorillas!

[SemperEadem]

29. husted needs to be sanctioned--hard

if not brought up on contempt and/or obstruction charges.

[Uncle Joe]

32. Kicked and recommended.

Thanks for the thread, DonViejo.

[Hissyspit]

35. Blackwell was worse. Never held accountable.

[HooptieWagon]

36. I see no reason to preclude...

Judge Marbley from finding Husted in Contempt of Court and ordering him to jail. Then the DOJ (hello, Holder? Anybody home?) can investigate Husted for election fraud, civil rights violations, and probably RICO Act.