October 30, 2004

Law - A daily dose of election law stories

"In Ohio Courts, It's Almost Like Florida in 2000: Judges are awash in election-law cases and challenges to voter registrations in a state that could be critical to winning the presidency." That is the headline to this story today in the LA Times. It begins:

CINCINNATI — As Jeff Hirsh, a television news reporter here, rushed to a federal court hearing Friday on a usually obscure issue of election law — his second election-law hearing of the day — he turned to a visitor with a greeting:

"Welcome to Florida — minus the beach."

With 20 electoral votes, Ohio may be critical to victory for either President Bush or Senator John F. Kerry. Election-related litigation is rapidly spreading through its courts.

On Friday, there was action on three fronts in the stately Potter Stewart courthouse. The building was erected in 1936 — the year Franklin D. Roosevelt won all but two states in the presidential election.

Other cases erupted in cities across the state, including Columbus, Akron and Cleveland.

And the Washington Post has a story today headlined "Another Wait Feared In Knowing the Winner." Some quotes:
After four years of legislation, technology upgrades and other reforms aimed at avoiding a repeat of the hotly contested 2000 elections, a growing number of government officials and voting experts are preparing for the unthinkable.

Americans may not know who won the presidential race on Tuesday night. Again.

A surge in new voter registrations, coupled with widespread use of absentee and provisional ballots, could provide enough uncertainty in key states to force a delay in announcing a clear winner in the race between President Bush and Sen. John F. Kerry, according to many election officials and observers.

Legal battles in closely fought precincts could also cause or exacerbate delays, authorities said.

Meanwhile, Indiana may have its own provisional ballot issues, judging from this AP story:
CROWN POINT, Ind. -- Twenty percent of the provisional ballots cast in the East Chicago special Democratic mayoral primary were thrown out because poll workers did not properly sign the forms.

The 54 ballots tossed would not have changed the outcome of the special vote, but some wonder if confusion about provisional ballot procedures could affect Tuesday's election, the Post-Tribune of Merrillville reported today. * * *

Fifty-four votes were not counted because of poll workers' mistakes. Another 20 ballots were voided because the people who cast them were not registered to vote.

Established as part of the federal Help America Vote Act of 2002, provisional ballots allow people to vote even if their names are not on voter rolls at precinct polling places. The votes are set aside and reviewed one-by-one after the election. Officials count those ballots in the election results if they determine voters were incorrectly removed from voting lists and their registration is legitimate.

To thwart attempts at election fraud, two election officials must write their initials on a paper provisional ballot for it to be legitimate. On at least 20 percent of the provisional ballots cast in East Chicago, either one set or both sets of initials were missing from the ballots.

Republican Lake County Assistant Election Administrator Roberta Vierk said the East Chicago special primary was only the second election in which provisional ballots were used and noted a lower percentage of the forms were rejected than in the spring 2004 primary.

Before Tuesday's general election, county officials will speak to any poll clerks who did not follow the provisional ballot rules. But there is no time to try to train poll workers again, according to election office supervisor Michelle Fajman.

Posted by Marcia Oddi at October 30, 2004 07:19 AM