Federal Judge Rules Against Last-Minute Ohio Ballot-Counting Change

[octoberlib]

Source: Buzzfeed

Ohio Secretary of State Jon Husted's last-minute order shifting the burden from the poll worker to a voter for marking what type of identification was used by a voter casting a provisional ballot violated a prior court order, Ohio law and the U.S. Constitution, a federal judge found Tuesday.
U.S. District Court Judge Algenon Marbley's opinion will not be the last word, however, as Husted, a Republican, plans to appeal the ruling to the Sixth Circuit Court of Appeals.
"Secretary Husted will appeal today’s ruling because it allows potentially fraudulent votes to be counted," Matthew McClellan, a spokesman for Husted, told BuzzFeed on Tuesday evening. "By eliminating the ID requirement on provisional ballots, the ruling is contrary to Ohio law and undermines the integrity of the election."
Marbley's ruling, if it is upheld on appeal, will lead to more provisional ballots being found to be valid and counted in the Buckeye State. The ruling is an afterthought because of President Barack Obama's wide electoral college victory — but in a close election, the fate of the presidency could easily have hinged on the federal courts' rulings in this case.

Read more: http://www.buzzfeed.com/chrisgeidner/federal-judge-rules-against-last-minute-ohio-ballo

[bluestateguy]

1. Everybody has the right to have their vote counted

Even when an election is not close.

[Dont call me Shirley]

2. Constitutional Amendment giving us the right to vote and to have our vote counted.

That'll throw a monkey in the gop voter suppression wrench.

[louis-t]

3. Repugs ignore the law, the constitution, and judges.

A sick, evil bunch they are.

[LisaL]

4. They haven't even started to count the provisional ballots.

They start on Nov 16th.
So if the ruling holds on appeal more of the ballots will be counted.

[Botany]

6. we have 200,000 + to be counted

n/t

[Marthe48]

5. McClellan didn't speak correctly

From this article, the judge didn't order the ID requirement removed, as McClellan is quoted. The judge said Husted violated state law by shifting the job of writing in the form of ID from the poll worker to the voter. It makes more sense for a poll worker to write in the type of ID, doesn't it, so it would be accurate? If the voter fills it in and it is wrong, that provisional ballot can be invalidated.
The judge also said that Husted said about an earlier court order that he couldn't make court ordered changes because there wasn't enough time, then turned around and made this change the Friday before election. What a slimeball Husted is, like all the way from skin to bone slimey.

I live in Ohio and I can't believe my fellow residents accept these illegal maneuvers that can affect the outcome of the election.

[okwmember]

7. Will these peole never stop?

Well, I guess its just another lesson to never underestimate their stubborness.

[micraphone]

8. Husted is the zealot's zealot

Does he do ANY other work, apart from suppressing votes?

SOS mean Secretary of SUPPRESSION....

[Hubert Flottz]

9. If the SoS violated the law he should go straight to jail.

[LisaL]

10. The plain dealer article includes the actual decision from a judge.

Judge was not happy with Husted. But Husted does not give up. He is going to appeal.

"In a scathing 17-page ruling (Read the full ruling in the Document viewer below), U.S. District Judge Algenon Marbley said a directive on counting provisional ballots that Ohio Secretary of State Jon Husted issued on Nov. 2 was "a flagrant violation of a state elections law" that could disenfranchise voters."
http://www.cleveland.com/open/index.ssf/2012/11/federal_judge_rips_husted_for.html