ACLU: voting process disallows correction errors unconstitutional

Update

Judge declines to block voting system in Ohio's Cuyahoga County that critics say hurts voters By M.R. KROPKO , Associated Press

Last update: February 5, 2008 - 7:13 PM


A federal judge refused Tuesday to stop Ohio's most populous county from using an elections system that critics say won't allow voters in the March 4 presidential primary to correct mistakes.

The decision by U.S. District Judge Kathleen O'Malley means Cuyahoga County, which includes Cleveland, can scan and tabulate the paper ballots at a central location, rather than at individual precincts.

http://www.startribune.com/nation/15333846.html

Monday, January 28, 2008
ACLU seeks to block paper voting system in Cuyahoga County

ASSOCIATED PRESS
CLEVELAND — The American Civil Liberties Union asked a federal judge on Monday to block the March 4 presidential primary in Ohio’s biggest county if it switches to a paper ballot system that doesn’t allow voters to correct errors.

In a follow-up to a suit it filed Jan. 17, the ACLU of Ohio asked for a preliminary injunction against any election in Cuyahoga County if the switch is made.

The lawsuit argued that the proposed paper-ballot system would violate voters’ constitutional rights because it doesn’t allow them to correct errors on ballots before the ballots are cast.

Cuyahoga County, which includes Cleveland and has more than 1 million registered voters, plans to send all paper ballots from precincts to a central location to be scanned and counted.

The ACLU alleges that the optical-scan system and centralized vote tabulation would not give voters notice of ballot errors — such as voting for two candidates for one office.

Opponents of the system say scanning should be done immediately at the precinct level to alert voters to such errors and allow them to correct invalid ballots.

U.S. District Judge Kathleen O’Malley set a deadline of next Monday for the Ohio secretary of state and the county elections board to respond to the ACLU and a Feb. 5 hearing on the request for a preliminary injunction.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20080128/NEWS09/576274072

See Dan Tokaji Equal Vote Blog for Ohio background

http://moritzlaw.osu.edu/blogs/tokaji/2006/04/sixth-circuit-holds-ohio-voting.html

What happened with the VVPATs

http://moritzlaw.osu.edu/blogs/tokaji/2006/10/recount-redux-what-might-happen-in.html

Tuesday, December 18
A Hobson's Choice in Cuyahoga County?

http://moritzlaw.osu.edu/blogs/tokaji/2007/12/hobsons-choice-in-cuyahoga-county. html

ACLU Asks Judge to Block Cuyahoga County Primary

The ACLU of Ohio on Monday (1/28) filed a Motion for a Preliminary Injunction in ACLU of Ohio v. Brunner(disclosure). The Motion asks the Judge to block the March 4th primary election in Cuyahoga County if the County switches to a paper ballot system that does not allow voters to correct errors. The Judge set a deadline of next Monday (2/4) for the Ohio Secretary of State and the county elections board to respond. A hearing on the Motion is scheduled for February 5th...

http://moritzlaw.osu.edu/electionlaw/news/articles.php?ID=259

http://moritzlaw.osu.edu/electionlaw/litigation/ACLUofOhiov.Brunner.php