Second lawsuit challenges Ohio provisional voting rules

Second lawsuit challenges Ohio provisional voting rules

Wednesday, October 06, 2004

Scott Hiaasen
Plain Dealer Reporter

A voting-rights group filed a lawsuit Tuesday challenging Ohio Secretary of State Kenneth Blackwell's rules on provisional voting - the second such legal challenge over the controversial issue.

The suit, filed by the Ohio Voter Protection Project, says Blackwell will require some first-time voters to show identification before receiving a provisional ballot on Election Day - a violation of the federal Help America Vote Act, or HAVA.

The group, which includes several labor unions and the Ohio League of Women Voters, also challenged a Blackwell order that says voters who appear at the wrong voting precinct may not receive a provisional ballot.

The state Democratic Party has already gone to court over that issue, and a federal judge is expected to decide the case next week.

Provisional ballots are special ballots for voters who believe they are registered, though their names do not appear on the voter rolls on Election Day. The ballots are set aside so election officials can later determine if the voters are eligible.

Blackwell, citing state law, has told local election officials that these ballots must be given only to voters who appear at the correct precinct. But the lawsuits say the state's rules should have been changed after Congress passed HAVA in 2002, a law that encouraged the use of provisional ballots so legitimate voters aren't turned away.

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