11-02-2004, 12:18 AM
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#44 (permalink)
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Banned
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Quote:
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Originally Posted by Lebell
I think I'll wait and see what the actual end result is before I complain.
I will say however that I think that all parties who have a candidate on the ballot should be allowed to have an "observer".
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Appeals court has "stayed" both Federal Judges orders that barred Republican
poll monitors who challenge voter's eligibility, and, the Ohio Supreme Court
ruled that one monitor from each party may be present at each polling place:
Quote:
<a href="http://www.usatoday.com/news/politicselections/state/ohio/2004-11-02-ohio-challengers_x.htm">http://www.usatoday.com/news/politicselections/state/ohio/2004-11-02-ohio-challengers_x.htm</a>
Posted 11/2/2004 1:45 AM Updated 11/2/2004 2:31 AM
Court clears way GOP reps to challenge voters' eligibility in Ohio
CINCINNATI (AP) — A federal appeals court has cleared the way for challengers to be present at polling places throughout Ohio, ruling early Tuesday that their presence on Election Day was allowed under state law.
A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled 2-1 to grant emergency stays of two federal judges' orders Monday that barred voter challengers from political parties. The judges also consolidated the two appeals, which stemmed from separate lawsuits in Cincinnati and Akron.
Alphonse Gerhardstein, attorney for the plaintiffs in the Cincinnati case, said early Tuesday that he appealed the 6th Circuit decision to the U.S. Supreme Court.
The federal appeals court said that while it's in the public interest that registered voters cast ballots freely, there is also "strong public interest in permitting legitimate statutory processes to operate to preclude voting by those who are not entitled to vote."
The judges also said that smooth and effective administration of the voting laws means that the rules can't be changed in the hours immediately preceding the election.
The dissent by Judge R. Guy Cole said the citizens of Ohio have the right to vote without the "threat of suppression, intimidation or chaos sown by partisan political operatives."
Cole said that partisan challengers are seeking to target precincts that have a majority black population, and that when "the fundamental right to vote without intimidation or undue burden is pitted against the rights of those seeking to prevent voter fraud ..." the court must err on the side of voters. ,,,,,,,,,,,,,
.......................Also Monday, the Ohio Supreme Court clarified that political parties are allowed one challenger apiece for each precinct.
The GOP registered about 3,500 challengers, and Democrats say they've registered thousands but won't give a specific number.
Under state law, voters may be challenged on their citizenship, age or residency. Poll workers generally would challenge someone if his or her signature didn't match the one in the poll book, or if the poll worker recognized the individual as someone who didn't belong in that precinct.
Republicans have said they plan to check names of voters against lists of absentee ballots and of people who have died recently.
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