On Halloween, a federal appeals court issued a frightening
decision that may cause widespread voter disenfranchisement in Ohio.
At issue: what happens if someone votes in the wrong place
because of an error by a poll worker? A district court issued an injunction
requiring that those votes be counted. The appeals court, however, stayed
the injunction, meaning that thousands of otherwise-valid votes will not be
counted.
The decision came despite the fact that the district court’s
factual findings showed that poll-worker error results in thousands of
wrong-location ballots in Ohio, either because poll workers affirmatively
misdirected voters to the wrong polling location, or because poll workers
provided voters with ballots for the wrong precinct instead of directing
voters to the correct polling location.
Moreover, the appeals court’s decision ignored Ohio election
law, which requires poll workers to direct voters to the correct
precinct. Specifically, the Ohio code states that:
if, upon review of the precinct voting
location guide using the residential street address provided by the individual,
an election official at the polling place at which the individual desires to
vote determines that the individual is not eligible to vote in that
jurisdiction, the election official shall direct the individual to the polling
place for the jurisdiction in which the individual appears to be eligible to
vote... [emphasis added]
Given the district court’s factual findings and the actual
text of Ohio’s voter laws, you might wonder why there was even a challenge to
this injunction in the first place and how any court could come to such a
conclusion.
Well, the motion to stay the injunction was brought by
Ohio’s controversial Republican Secretary of State, Jon Husted, and granted by
a three-judge panel of conservative judges, two of whom were appointed by
President George W. Bush and one of whom was appointed by President George H.W.
Bush.
In short, the decision shows why
judges matter, and how past presidents can leave a continuing
legacy of voter disenfranchisement.
1 comment:
The problem is that each voting district has different candidates. If you vote in the wrong district, you are voting for candidates that do not represent you and whom you have no right to vote for. It could be possible to only count the votes for state wide candidates and national candidates, but that would be expensive.
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