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Secretary Husted Files Post-Trial Brief, Urges Court to Reject Attack on Ohio's Election Standards


COLUMBUS – Ohio Secretary of State Jon Husted yesterday filed the Post-Trial Brief in the case of the Northeast Ohio Coalition for the Homeless (NEOCH) v. Jon Husted in his official capacity as the Secretary of State of Ohio, see attached. The case, Case No. 2:06-CV-00896 will require a final filing on Thursday, May 5, 2016 and will then be decisional by Judge Algenon Marbley of the United States District Court for the Southern District of Ohio, Eastern Division.

In the brief, Secretary Husted reiterated his argument that the case is without merit and that it is easy to vote and hard to cheat in Ohio.

The following quotes are excerpts from the 75-page filing. The full brief is attached.

“Plaintiffs disagree with some of the legislative choices the General Assembly [has] made… But to invalidate two duly enacted laws… Plaintiffs must do far more than demonstrate that they or some of their witnesses would prefer different laws. They must satisfy the heavy burden of proving that the laws are unconstitutional or violate federal law. After issuing 73 subpoenas to 35 county boards of elections, collecting 25,864 ballots, and presenting more than 4,000 exhibits, plaintiffs fail to satisfy this burden.”
Defendant’s Post-Trial Brief, Page 1

“… Indeed, if anything, recent election data reflect that Ohio’s ballot acceptance rates improved following implementation of the challenged laws in 2014. And these laws serve many legitimate interests, including registering unregistered voters, updating voter registration information, and, ultimately making more votes count.
Defendant’s Post-Trial Brief, Page 1

“Similarly, Plaintiff NEOCH advised both homeless organizations and homeless voters that absentee voting in Ohio is easy for homeless voters…”
Defendant’s Post-Trial Brief, Page 6

“In light of these opportunities and lenient identification requirements, Plaintiffs in this litigation concede that absentee voting in Ohio is “easy and convenient”:  D63 (Ohio Dems (@OHDems), Twitter Post, Feb. 16, 2016).
Defendant’s Post-Trial Brief, Page 6

“By implementing [no-fault absentee voting], Ohio became a national leader in voting opportunities. Indeed, even a decade later, more than a dozen states still do not offer anything more than Election Day voting. And even among those states that do offer absentee voting opportunities, Ohio’s system ranks among the most substantial.”
Defendant’s Post-Trial Brief, Page 7

“Finally, the many opportunities Ohio allows voters–including roughly a month of universal in-person and by-mail absentee voting–contradicts the notion that any category of Ohio voters lack opportunity to participate in the political process. Ohio’s laws need to be viewed against present-day political conditions. And present-day Ohio takes many steps to ensure all of its citizens have broad opportunities to vote.”
Defendant’s Post-Trial Brief, Page 73

Full Trial Brief


For more information, please contact Joshua Eck at (614) 466-2729.

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