Federal Court Upholds Registration, Voting Overlap

For Immediate Release

COLUMBUS, Ohio – Stating that Secretary of State Jennifer Brunner “obviously determined the issue correctly,” US District Court Judge James S. Gwin issued on Monday a temporary restraining order requiring the Madison County Board of Elections and Secretary Brunner to comply with Directive 2008-63. 

“Judge Gwin’s decision is a victory for the rule of law and for the voting rights of every Ohioan.  We will continue preparing for this presidential election and working with Ohio’s boards of elections to make voting accessible, secure and reliable for the state’s voters.  My administration has and will continue to focus on increasing access for all eligible Ohioans,” Secretary Brunner said.

Secretary Brunner’s directive recognizes Ohio’s longstanding overlap between voter registration and early voting, and requires boards of elections to uniformly implement procedures to allow for registration and absentee voting on the same day.  Secretary Brunner also directed boards to follow reasonable safeguards to avoid any potential for fraud during and after the overlap. 

Completed absentee ballots must sit, under lock and key, at the board of elections for up to 25 days.  The facts of an Ohioan’s qualifications as a voter will be determined as of Election Day, when votes are counted after the polls close.  Bipartisan board staff oversee every step of early voting, and observers are allowed to watch over ballot processing and tabulation.

Highlights of the decision:

“Candidly, the underlying merits of issues are not even close. With regard to the interpretation of Ohio law, Defendant Brunner obviously determined the issue correctly. As described below, Defendant Madison County’s position runs wholly contrary to the Ohio statutory scheme.”

“Directive 2008-63 has already built in some protection against [voter] fraud.  The county boards of elections are direct[ed] to develop procedures to issue an absentee ballot after registration ‘reserving the right to delay registration and immediate absentee voting if a board is not satisfied as to validity of the application and the applicant’s qualifications.”

“Clarity and certainty in voting procedures serves an exceedingly important public interest.  Uncertainty could disrupt the current election.  If voters are not clear on the status or validity of their vote, voters may be chilled from even voting.”

“Under that [federal elections] law, “State[s] shall provide by law for the casting of absentee ballots for the choice of electors for President . . . who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such State not later than the time of closing of the polls in such State on the day of such election.” In plain terms, this federal provision requires that absentee ballots be given to voters when such voters have requested the ballots at least seven days before the election.  Because Madison County’s interpretation conflicts with this, and other provisions, it cannot stand under the Supremacy Clause.”

“One county has decided to apply election procedures different than every other county in Ohio, and in contravention of a Directive issued by the Ohio Secretary of State. The voting procedure proposed by this single county likely violates federal statutory law that was enacted to protect the right to vote. Clarity and certainty in the voting process will be furthered by granting the TRO.”

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Jeff Ortega, Assistant Director of Communications, Media, 614.466.0473