http://www.cleveland.com/news/plaind...3888102440.xml
Dems sue Blackwell to block poll rule
Party pushes to allow provisional ballots
Tuesday, September 28, 2004
Scott Hiaasen and Julie Carr Smyth
Plain Dealer Reporters
Ohio Democrats sued Secretary of State Kenneth Blackwell on Monday, saying his rules on provisional ballots make a "mockery" of federal election-reform efforts and jeopardize thousands of votes.
The lawsuit - filed in federal court the same day Blackwell rolled out a statewide voter-education campaign - seeks to block Blackwell's Sept. 16 instruction that provisional ballots will not be given to voters who appear at the wrong precinct on Election Day.
Provisional ballots are special ballots given to voters who say they are registered to vote but whose names don't appear on voter rolls on Election Day. The ballots are separated and reviewed so the registration can be confirmed.
Democratic officials say Blackwell's rule "turns on its head" a key provision of the Help America Vote Act, the 2002 law passed by Congress after the voting problems in the 2000 presidential election. HAVA encourages provisional ballots as a way to ensure voters aren't wrongly turned away at the polls because their registrations were misplaced or misfiled.
Voting-rights groups warn that Blackwell's order could disenfranchise tens of thousands of voters. In the last statewide election, the governor's race in 2002, about 54,000 voters in Ohio cast provisional ballots.
Elections officials expect more this year because of the high interest in the presidential race and intense voter-registration drives around the state, attracting many first-time voters.
In addition, many voting precincts were redrawn based on population shifts in the 2000 census, which could confuse some voters.
Instead of handing out provisional ballots, poll workers must help misdirected voters to find their correct polling location, said Carlo LoParo, a spokesman for Blackwell.
But local election officials worry that this puts added pressure on poll workers, and the Democrats warned that it could cause long lines and discourage some voters.
Democrats also accuse Blackwell, a Republican, of playing partisan politics. They say Blackwell's rule will more likely affect Democratic voters, since provisional voting is more common in poor neighborhoods that typically vote Democratic. Also, the bulk of new voter registrations have come from Democratic-leaning groups.
"In 2004, Ohio can become the Florida of 2000. Provisional voting can become the next 'chad,' " said Columbus Mayor Michael Coleman, a Democrat. "We can't allow that in our state, and it's happening before our very eyes."
LoParo called the charges of partisanship "nonsense" and said state officials are merely complying with existing state law on provisional ballots, which have been used in Ohio since 1990. At a recent meeting with local election workers, an official from Blackwell's office said the office had also consulted the U.S. Justice Department to make sure the provisional ballot rules comply with HAVA.
But Democratic lawyers say HAVA expanded the use of provisional ballots - and requires poll workers to inform voters they can use them - making the state law outdated.
The lawsuit Monday came as Blackwell announced a long-planned statewide voter education campaign that has been dubbed "Your Vote Counts." Blackwell emphasized in a news release that his office wants every vote to be counted.
"Thanks to this effort and the procedures in place ensuring every vote - and every voter - gets the same consideration, Ohio voters can be confident every voice is indeed heard on Nov. 2," he said.
The campaign will encourage voter registration through the Monday deadline, then turn to educating voters on accurate use of punchcard ballots and other voting methods.
The campaign has a Web site, www.YourVoteCountsOhio.org, and plans to launch television and radio ads.
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Has Blackwell never heard of the Voting Rights Act?????





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