[EL] Ohio

Tue Oct 16 12:00:08 PDT 2012

<http://electionlawblog.org/>

    What About the Other, More Important Ohio Voting Case?
    <http://electionlawblog.org/?p=41790>

Posted on October 16, 2012 11:58 am 
<http://electionlawblog.org/?p=41790> by Rick Hasen 
<http://electionlawblog.org/?author=3>

The state of Ohio still has not announced whether it will appeal 
<http://www.ca6.uscourts.gov/opinions.pdf/12a0359p-06.pdf> further in 
the /other/ Ohio voting case, involving wrong precinct ballots.  This is 
by far a more important case <http://electionlawblog.org/?p=41452> in 
terms of the consequences for the election.

I had expected the state would appeal here (even though Husted himself 
did not join in the appeal of the wrong precinct portion of the case in 
the lower court).  But after today's unanimous ejection of Ohio's early 
voting position <http://electionlawblog.org/?p=41784> by the Supreme 
Court, I'm not sure what they will do. Ohio had a stronger argument in 
the early voting case on equal protection grounds than they'd have in 
the wrong precinct case.  But because this is more consequential, 
potentially outcome determinative in Ohio, there will be partisan 
pressures to appeal.

Stay tuned.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off |
On 10/16/12 10:46 AM, Rick Hasen wrote:
>
> UPDATE:  Husted has issued a directive 
> <http://www.sos.state.oh.us/SOS/Upload/elections/directives/2012/Dir2012-50.pdf>with 
> uniform early voting hours for the last three days.
>
> Saturday, November 3, 2012 -- 8:00 a.m. to 2:00 p.m.
> Sunday, November 4, 2012 -- 1:00 p.m. to 5:00 p.m.
> Monday, November 5, 2012 -- 8:00 a.m. to 2:00 p.m.
>
> What time does Church end on Sunday in Ohio?
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41784&title=Breaking%20News%3A%20Supreme%20Court%20Rejects%20Ohio%20Emergency%20Stay%20on%20Early%20Voting&description=>
> Posted in election administration 
> <http://electionlawblog.org/?cat=18>, Supreme Court 
> <http://electionlawblog.org/?cat=29>, The Voting Wars 
> <http://electionlawblog.org/?cat=60>, voting 
> <http://electionlawblog.org/?cat=31> | Comments Off
> On 10/16/12 10:37 AM, Rick Hasen wrote:
>>
>>
>>     Breaking News: Supreme Court Rejects Ohio Emergency Stay on Early
>>     Voting <http://electionlawblog.org/?p=41784>
>>
>> Posted on October 16, 2012 10:34 am 
>> <http://electionlawblog.org/?p=41784> by Rick Hasen 
>> <http://electionlawblog.org/?author=3>
>>
>> Without any noted dissent (thus answering Ned Foley's prayers 
>> <http://moritzlaw.osu.edu/electionlaw/comments/index.php?ID=9867>), 
>> the Supreme Court has rejected Ohio's application for an emergency 
>> stay 
>> <http://sblog.s3.amazonaws.com/wp-content/uploads/2012/10/12A338-SCt-order-10-16-12.pdf>---thus 
>> insuring that the three days of early voting on the weekend before 
>> election day, taken away by the Ohio legislature but restored by a 
>> federal district court and affirmed by the 6th Circuit, will go forward.
>>
>> What explains the Court's ruling, especially given the shaky 
>> constitutional reasoning <http://slate.me/QJEx8B>of the lower courts?
>>
>> First, it is always a high burden to get emergency relief from the 
>> Court.  The Justices may not have believed that any legal error here 
>> was worth correcting.  Whether the 100,000 or so voters who voted on 
>> those last three days or had to shift to other days (or absentee 
>> ballots) was perhaps not worth gearing up the machinery for a 
>> potentially difficult constitutional issue.  The silence on the 
>> meaning of /Bush v. Gore/ thus continues at the Supreme Court.
>>
>> More to the point, the Court conservatives, who would be most likely 
>> to disagree with the lower courts' reasoning, may have decided that 
>> there was not enough at stake about those last three days of early 
>> voting for the Court to issue an opinion divided on party/ideological 
>> lines about voting in a state which could well be pivotal in the 
>> presidential election. A divided ruling would have thrust the Court 
>> to the center of the election.
>>
>> Still, this is quite a run in the courts for those fighting 
>> Republican legislative cutbacks on voting rights, at least in 2012.  
>> And in that respect I have been surprised.
>>
>> Early coverage from SCOTUSBlog 
>> <http://www.scotusblog.com/2012/10/ohio-rebuffed-on-early-voting/>, 
>> AP 
>> <http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_OHIO_EARLY_VOTING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT>. 
>> More to come.
>>
>> Share 
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D41784&title=Breaking%20News%3A%20Supreme%20Court%20Rejects%20Ohio%20Emergency%20Staty%20on%20Early%20Voting&description=>
>> Posted in election administration 
>> <http://electionlawblog.org/?cat=18>, Supreme Court 
>> <http://electionlawblog.org/?cat=29>, The Voting Wars 
>> <http://electionlawblog.org/?cat=60>, voting 
>> <http://electionlawblog.org/?cat=31> | Comments Off |
>> -- 
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen at law.uci.edu
>> http://law.uci.edu/faculty/page1_r_hasen.html
>> http://electionlawblog.org
>> Now available: The Voting Wars:http://amzn.to/y22ZTv
>>
>>
>>
>> _______________________________________________
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>
> -- 
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
> Now available: The Voting Wars:http://amzn.to/y22ZTv
>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Now available: The Voting Wars: http://amzn.to/y22ZTv

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