Ohio SOS has CAVED!!!

[CatWoman]

COLUMBUS, Ohio, Sept. 7 (UPI) -- Ohio Secretary of State Jon Husted has rescinded a directive to elections officials to maintain a ban on voting on the three days before the November election.

In a court filing Friday, Husted apologized to U.S. District Judge Peter Economus for what he called the "misimpression" that he had ignored the judge's order on early voting when he directed all 88 Ohio county elections boards not to restore early voting hours.

"The Secretary would never intentionally contravene an order issued by the federal district court or any other court -- and this case is no exception," the filing said.

Ohio Attorney General Mike DeWine has filed an appeal of Economus' Aug. 31 order, and Husted said Tuesday elections boards should hold off on complying with the ruling until the appeal is heard.

"The constitutionality of the statute setting in-person absentee voting hours is still subject to court review and it would further confuse voters to set hours now that the court may change later," Husted's directive to elections officials said.

Read more: http://www.upi.com/Top_News/US/2012/09/07/Ohio-official-reverses-early-voting-ban/UPI-85631347050296/#ixzz25ovPOILA

[surrealAmerican]

1. good news

k & r

[hobbit709]

2. "misimpression" my ass.

He flat out said he wouldn't comply. nothing mispressed about that. He realized that if he didn't comply with a Federal court order that it was going to be 30 days in the hole for him.

[FarPoint]

3. My interpretation....

This is double talk....a say one thing....do another. You know....bluffing...deception all the above stuff.

" Ohio Attorney General Mike DeWine has filed an appeal of Economus' Aug. 31 order, and Husted said Tuesday elections boards should hold off on complying with the ruling until the appeal is heard. "




As I understand this....

The appeal stops the Judges order until the issue is heard...and who knows when that day will come around.

Do I understand this correctly?

[CatWoman]

6. The way I see it

the SOS was trying to run out the clock.

The federal judge's ruling should have been complied with REGARDLESS of the Ohio AG and SOS filing an appeal.

[Egnever]

9. Thats how I see it as well

This doesn't appear to be caving at all.

[CatWoman]

14. Ohio Secretary Of State Backs Down On Early Voting

Updated: September 7, 2012, 3:33 PM

After being summoned to court by a federal judge, Ohio Secretary of State Jon Husted on Friday backed away from his order that would have banned counties from planning for early voting.

Husted’s original order had essentially ignored a ruling by U.S. District Judge Peter Economus, who declared that the state couldn’t take away early voting in the three days before the election. Economus sided with the Obama campaign, which sued Ohio to get the early voting re-implemented.

In a court filing on Friday afternoon, Husted said he “apologizes to the federal district court” for creating what he called the “misimpression” that he was ignoring the order. “The Secretary would never intentionally contravene an order issued by the federal district court or any other court — and this case is no exception,” the filing said.

Ohio also requested a stay of the court’s order until their appeal is heard with the Sixth Circuit.

“Absent a stay or a directive by the Secretary, there is a real concern that county boards of elections will begin issuing early in-person absentee voting schedules for the three-day period before the Secretary can issue a uniform schedule,” the filing said. “County-by-county action on this issue would only lead to significant administrative difficulties and further voter confusion.”

http://tpmmuckraker.talkingpointsmemo.com/2012/09/ohio_husted_backs_down_early_voting.php?ref=fpa

[Egnever]

19. Right this is not a done deal yet by any means

[CatWoman]

20. Rev. Al will be discussing this in a few minutes

[Brother Buzz]

4. Possibly, he realized his stock in the promise Romney cabinet appointment

is in free fall.

edited because I can't speil for shit.

[RagAss]

5. National Guard Troops are people, my friend.

[jsmirman]

23. LOL

[mojo2012]

7. I think....

The judge wanted ask Husted face to face and ask him to explain why. Easy to make bold statements in the safety of his office. Much different to have to squirm and not have a reasonable reason to a federal judge
Now he has to explain why he failed his marching orders to the billionaire donors, oops, I mean Romney (ha-ha)

[Egnever]

8. Maybe I am reading that wrong but that doesnt sound like caving

It sounds more like trying to play out the clock.

"Ohio Attorney General Mike DeWine has filed an appeal of Economus' Aug. 31 order, and Husted said Tuesday elections boards should hold off on complying with the ruling until the appeal is heard. "

Nothing appears to have changed he just kissed the judges butt a little.

[gkhouston]

10. That's the way I read it... trying to weasel out of a possible contempt citation while

continuing to pursue his original goal.

[CatWoman]

12. a hearing is scheduled next week as the federal judge DEMANDED the SOS appear before him

and explain himself.

[gkhouston]

15. Yup, and I bet that's still on. n/t

[CatWoman]

17. the 13th

which is next Thursday

[longship]

22. The 31 Aug appeal predates the judge's summons.

It was Husted's public pronouncements that brings him to grief here. You don't publically announce your intention to violate a federal judgement. That's a good reason for the judge to compel your presense in court and, if need be, employ federal marshalls to make sure it happens.

The judge's summons the other day probably had Husted soiling his Depends. You do not want to piss off a federal judge.

Unless the judge cancels the order, Husted will appear in court on the 13th, undoubtedly more contrite, hat in hand, and a fresh Depends.

[eomer]

24. He reversed himself on the directive to boards on what to do in the meantime.

His directive told them to ignore the ruling because of pending appeal. He had to back down from that position because he had no legal basis for it.

[LiberalAndProud]

11. He petitioned for a stay pending appeal.

Not caving.

[CatWoman]

13. of course he did

as was his right.

however, even tho he is petitioning for a stay, the federal judge ruled that early voting should be upheld.

he needs to comply with the judge.

IF the appeal/stay is granted, that's a whole other story.

[spanone]

16. k&r...

[Ship of Fools]

18. Back in the day of reality, would he NOT have been held in contempt?

[onenote]

25. No.

I can't think of a single comparable case in which an official would have been held in contempt. The order didn't contain a specific deadline to comply and even the administration's motion asking the court to direct Husted to act didn't seek any sanctions against him. Based on thirty years of experience, this is playing out precisely as I would expect. Husted takes advantage of the lack of specificity in the order. The administration calls him out with a motion. The judge sets deadlines for Husted to file a written response and sets a date for a hearing on which he can consider factual and legal arguments as to what and when the state needs to do to comply with his order. The state appeals the underlying order and, after being called out by the administration's motion, rescinds its original directive (which still doesn't put the state in compliance with the court's order) and formally asks for a stay pending the appeal (which has been put on an expedited schedule) and the judge gives the administration a deadline to respond to the stay request. The hearing, as far as I know, will go on as scheduled next week and at that time the judge will decide on a schedule for compliance with his order. Hopefully it will be a short schedule. If the judge doesn't stay his order, then the next move will either be for Husted to issue instructions to the local boards to set a uniform schedule of voting hours for the 3 days preceding election day or he may decide to ask the court of appeals to stay the district court order.

There is a lot of legal maneuvering left. But contempt isn't in the cards unless the court orders a specific deadline and without a stay in hand from the appeals court, Husted ignores it, something which i doubt is going to happen.

[Zalatix]

28. So is this a win or a loss for Husted?

What damage has already been done by his idiotic move?

[onenote]

29. He probably didn't score any points with the judge

who may be less inclined to grant the formal stay request as a result; in the short run its a "loss" for Husted but what the outcome will be -- whether there will be uniform extended voting hours in Ohio rests in the hands of the court of appeals, so who ultimately wins has yet to be decided.

[Ship of Fools]

32. Thanks for the education!

[DonRedwood]

21. shoot...i wanted to see him go to jail

[mtnester]

26. But not before he mailed every registered voter a list of times that did NOT include the weekend

hours, all wrapped up in an "absentee ballot" request and informational packet, which included a cut off time of the Friday before at 6PM. I have mine and my spouses sitting on the kitchen counter, which arrived Wednesday.

He ought to be arrested for contempt for that mailing as it is a very public written confirmation of his contempt, and his caving is moot now that he passed out the voting hours. Those who do not follow politics to a huge degree have this packet, and will assume these are the correct times for early voting.

At the very LEAST I would make them resend the information...crafted by a marketing agency that puts the changes in simple language instead of letting their office write it, hiding it in political jargon the average person either does not read or does not understand. Or taking out constant TV ads announcing early voting times. That said, I think he ought to go to jail for a few days for contempt.

The Obama campaign better start getting folks organized to assist election protection in Ohio. There won't be ENOUGH lawyers on the ground to deal with it all. It will be worse than 2004. So far, I have not gotten any notice of any voting day organization like in the past for this specific issue.

[onenote]

30. When was that mailing sent out to voters?

If it was after the court issued its order, that will be very troublesome to the judge. But if it was before the court's order, it was, unfortunately, entirely legal.

[mtnester]

33. After..clearly contempt

[liberal N proud]

27. All this is doing is keeping Husted out of jail so he can oversee further voter fraud.

They are planning on making sure Romney and other republicans win in Ohio.

[november3rd]

31. There they go again

Nothing like electing anti-government government officials!