Judge Demands Ohio Provisional Ballot Answers from Husted's Office

[FarPoint]

http://www.wcpo.com/dpp/news/state/Judge-demands-Ohio-provisional-ballot-answers-from-Husteds-office


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By: ANDREW WELSH-HUGGINS , Associated Press

COLUMBUS, Ohio (AP) - A federal judge on Wednesday angrily demanded that attorneys for Ohio's elections chief name the author of an election-eve order that placed the responsibility of explaining what kind of identification voters use on provisional ballots on the voters themselves.

U.S. District Court Judge Algenon Marbley's voice rose nearly to a shout at times as he asked attorneys what research the Ohio Secretary of State's office had done before issuing Friday's after-hours order.
"You have a lot of explaining to do," Marbley told assistant Ohio attorney general Aaron Epstein at a hearing in Columbus the morning after the election. A few minutes later, he demanded that Epstein and other state attorneys explain the rationale behind the order.

"Show me the facts that the secretary used to make the decision to change this directive at 7 o'clock on a Friday night on the eve of an election," Marbley said. "I want to see it, and I want to see it now."
After a short break, Epstein told Marbley the drafting of the order was a collaborative effort by several members of the Secretary of State's Office.

At issue is an order released by Secretary of State Jon Husted that requires voters to check a box explaining what ID they can offer if they weren't able to provide the last four digits of their Social Security number or their Ohio driver's license number.

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Read more: http://www.wcpo.com/dpp/news/state/Judge-demands-Ohio-provisional-ballot-answers-from-Husteds-office#ixzz2BeBFiwn1

[gademocrat7]

1. Husted should be jailed.

[atreides1]

5. Husted is a coward

He keeps sending surrogates to face judges...

[FarPoint]

2. Additionally...this is important..

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Voter advocates say putting the requirement on voters increases the likelihood that ballots could be wrongly rejected and have asked Marbley to hear the issue.Epstein said state law calls for voters and poll workers to share responsibility for providing the information.

The hearing was scheduled before Tuesday's election, but saw the stakes of the outcome diminish after the election ended with President Barack Obama winning the presidency and GOP candidate Mitt Romney conceding.

Some had feared the election could come down to provisional ballots cast in Ohio. Such ballots are typically cast by voters who don't have the proper ID or who cast votes in the wrong polling place.

During the hearing, Marbley told state attorneys that "Democracy dies in the dark," and said last-minute orders done late in the day seek "to avoid transparency."

Read more: http://www.wcpo.com/dpp/news/state/Judge-demands-Ohio-provisional-ballot-answers-from-Husteds-office#ixzz2BeC04eQ4

[JustAnotherGen]

3. We need S.A.F.E

Simple And Fair Elections Now! This is just took freaking complicated. One simple set of rules across 50 states. Any state appointed rep or government official that goes against those laws gets a minimum 4 year jail sentence.

[Liberal Gramma]

11. In Attica

[Scuba]

4. Long prison terms would serve as a deterrent to others.

[PuppyBismark]

6. There was mass confustion at the Boards of Elections in Ohio

As an Ohio precinct voting location manager, who got a couple of last minute instructions related to this, I can tell you the Ohio SOS is a POS. When I called the Board of Elections for clarification, I was told they didn't understand the last minute changes themselves they and could not get answers from the SOS. I apparently got a rational person at the BOE, who shared her frustrations and disdain for the SOS.

Jon Husted needs to be charged and convicted of multiple felonies.

[FarPoint]

8. Let's hope

President Obama does push for the right to vote actually be "fixed".

I believe him when he said it at his victory speech.

I want to help anyway I can.

[Botany]

7. Husted is a punk

He himself will not show up in front of the judges but sends somebody
else in his place. I am from Ohio and this thing that was done @ 7:00 PM
on the Friday before the election stunk.

[No Vested Interest]

13. Agreed re Timing of Provisional vote Change

However, I believe Husted is not a lawyer.
He has a Bachelor's degree from Univ. of Dayton in Education, and a Masters' in communication.
He needs a lawyer to represent him & his office; indeed, he or anyone would be foolish to go into court without legal representation.
That said, we know his motives were political, and that he is likely finished in his political career, except in very partisan districts, of which Ohio has more than a few.

[Botany]

14. I am not a lawyer but when judge economus told Husted to quit f***ing around

w/ his ruling or Husted himself would have to show up in his court in 2 days ....
Husted backed down in a heart beat.

Jon Husted fought liberal ACORN (doing something ACORN never did)

[atreides1]

9. It appears that Mr. Epstein might have lied to a federal judge.

From the article:"Epstein said state law calls for voters and poll workers to share responsibility for providing the information."


The actual law:

"Ohio Rev. Code § 3505.181(B)(6) provides that, once a voter casting a provisional ballot proffers identification, “the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot . . . .”

The local official shall record the information, after it is given by the voter.

[FarPoint]

10. Exactly!

The local official shall record the information, after it is given by the voter.

[yardwork]

12. kick