Statement of Secretary Brunner on Latest Lawsuit Regarding Absentee Ballot Procedures

COLUMBUS, Ohio -- The following may be attributed in whole or in part to Secretary of State Jennifer Brunner regarding the latest lawsuit filed against the office in relation to the confusing absentee ballot request forms of a presidential campaign:

“Ohio election law contains clear requirements that protect the integrity of the state’s elections.  While Ohio’s election officials prepare for a historic turnout on November 4, partisans in Ohio have filed another lawsuit to create uncertainty and confusion for Ohio election workers and voters. 

The Ohio Supreme Court has previously ruled that it is appropriate to hold invalid a petition where a check box has not been completed, because without it, the petition conveys a confusing or mistaken impression of its effect.  While state law does not require a check box, the McCain-Palin campaign designed its form to require that voters check a box to affirmatively state they are qualified electors (voters).

When boards of elections sought guidance from the Secretary of State on how to process these ambiguous forms, the Secretary responded according to law.  When partisans in Hamilton County argued against the Secretary’s memo, urging laxity, the Secretary held to the law and sought to put voters’ interests first.  Secretary Brunner offered a streamlined way for voters to assure boards of elections that voter are still living at their registration addresses as they appear in boards’ records.  These attempts were immediately rebuffed by the Ohio GOP.

Unlike so many of Ohio’s recent GOP-crafted complex and questionable election laws for voter identification, provisional voting and voter challenges, this law is unambiguous.  It protects the integrity of the election by ensuring that voters receive the correct ballot and vote for local candidates and issues for which they are registered to vote. 

A Hamilton County Board of Elections tie vote has not yet been certified to the Secretary of State, and this lawsuit is premature.  The Secretary has issued no directive or even an advisory requiring boards to do or not do anything.  The memorandum at issue conveys the Secretary’s interpretation of the law.  Those in Hamilton County who seek to circumvent the law by filing lawsuits apparently realize that if they were to ignore the Secretary’s interpretation, they may face other lawsuits or even challenges to the rights of those whose applications they would process against clear requirements of law.  It’s time all parties tried to work together for a successful election for Ohio’s voters. 

The Secretary has offered assistance in resolving these issues to help voters.  Efforts would be better spent getting forms processed correctly and preparing for November’s election rather than creating more volatility for voters.”

– 30 –

Media Contacts:
Jeff Ortega, Assistant Director of Communications, Media, 614.466.0473
Kevin Kidder, Media Relations Coordinator, 614.995.2168