In the discussion thread: BREAKING: Ohio Secretary Of State Backs Down, Allows Local Officials To Set Early Voting Hours [View all]
Response to abolugi (Original post)
Fri Sep 7, 2012, 07:56 PM
onenote (24,606 posts)
47. a lot of celebrating for not much of anything
First, let me once again note that there is no chance that Husted was going to be held in contempt, fined, jailed or otherwise sanctioned for issuing the directive telling local boards not to set early voting hours for the 3 days preceding election day. The order didn't have a specific deadline for him to comply and even the Obama administration's motion seeking an order directing him to establish an early voting schedule didn't ask for sanctions. If someone knows of a case where sanctions such as contempt were imposed in a comparable situation, I'd be surprised.
Second, let's compare where we are today as compared to yesterday. Yesterday Husted's position was that he wouldn't issue directions for early voting for the three days preceding election day unless and until the Court of Appeals ruled in the state's appeal of the district court decision. In response to a motion by the administration challenging Husted's action in not acting, the court set a deadline for Husted to respond in writing, scheduled a hearing, and directed Husted to appear -- presumably to answer questions about the factual issues presented.
Today, Husted has rescinded his order and formally asked the court to grant a stay of its order pending resolution of the appeal. The court has given the administration until Monday to respond to stay request. As far as I know the hearing is still going to take place. In the meantime, there is nothing to prevent individual local boards to set a schedule for voting for the three days. That schedule could allow one hour a day, so long as its uniformly applied to all voters. The better solution is one set of hours for all voters in all parts of the state. Eventually, assuming (as I hope is the case) that the district court order is affirmed by the appeals court, that will happen. BUt at this point, it wouldn't shock me if the district court let Husted do nothing until the appeals court acts. I hope not, but this is far from over.
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