[EL] Fixing Ballot defect after UOCAVA ballots sent

[Rich,William D]

FWIW, in three counties in Ohio (Summit (Akron), Cuyahoga (Cleveland), and Lucas (Toledo)) where there are September primaries in certain municipalities, boards of elections routinely correct “defects” in ballots after the UOCAVA deadline.  That’s because the September primaries take place 56 days before election day, the results can’t be certified for another 11 days (and then there could be recounts), and the UOCAVA deadline is 45 days before election day.  56 minus 11 minus 45 equals 0 days to prepare the ballots before the UOCAVA deadline.  To nominally comply with the deadline, boards of elections routinely send out incomplete ballots, which don’t have any races for which there were September primaries, and then send out replacement ballots after the September primary election results have been certified and the complete ballots have been prepared.

Bill Rich
University of Akron Law School (Emeritus)
Chairman, Summit County Board of Elections

From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of "Steven John Mulroy (smulroy)" <smulroy at memphis.edu>
Date: Saturday, October 6, 2018 at 8:12 AM
To: "law-election at department-lists.uci.edu" <law-election at department-lists.uci.edu>
Subject: [EL] Fixing Ballot defect after UOCAVA ballots sent

Does anyone know of authority discussing whether one can fix, or get a court to order a fix, a ballot defect for early voting and Election Day after UOCAVA ballots have been sent out?
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