Monday, November 17, 2008

Voting Case Update II

Judge Keeps the Case in Federal Court

Federal Judge Algenon Marbley ruled this morning that he would maintain jurisdiction over the provisional ballot case filed by Republicans down in Columbus regarding the US Representative District 15 race (Stivers vs. Kilroy). The case involves our settlement of a case with Secretary of State Brunner and the uniform counting of provisional ballots. Judge Marbley has decided to keep the case in his court to avoid lawyers "venue shopping." This is a victory for Ohio voters. The bizarre aspect of this case, as we described in many posts over the last year, is that the Republican legislature babysat Brunner's office throughout this case. They were involved in the settlement, and if they had a concern should have raised it before we signed this agreement. Why are they standing on the side of disenfranchising legitimate voters who tried to cast a ballot, but were let down by the poll worker? The Republican legislature wrote the law on provisional ballots. They supervised the NEOCH vs. Brunner case for two years, and a Republican Taft drafted the original rules for homeless participation in voting when he was Secretary of State. We trust that this case will quickly be settled, and every legitimate voter can have their voted counted.

Brian
Posts by Northeast Ohio Coalition for the Homeless staff and Board.

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