Last-Minute Ohio Directive Could Trash Legal Votes And Swing The Election

[Ms. Toad]

48. I actually don't see this as impacting much.

If the last four digits of the SS# are accurately recorded, the directive has no impact.
If the driver's license is accurately recorded, the directive has no impact. Because the drivers license has two numbers on it the form gives guidance as to which one to use (the one that starts with two alphabet letters) and suggests the voter use the SS# because it is harder to mess up.

If the voter doesn't have, or refuses to provide, one of the first two means of identification (it doesn't have to be shown to the poll worker, but it has to be recorded), then the voter must provide alternate identification - either by showing the poll worker (when the affidavit form is submitted) Military ID, Current bill with a correct address, or a photo ID issued by the government (same standards as day of election ID) or by completing a form 10-T (and returning to the BOE within 10 days and providing acceptable ID).

If you are using alternate ID, one of 4 boxes must be checked. The argument is over what happens when you are using alternate ID and forget to check one of the boxes and did not complete form 10-T.

Husted's directive says the provisional ballot will not be counted if the voter did not record the number associated with the preferred ID on the first two lines (SS# or Driver's License) and did not check one of the four boxes, based on the assumption that if none of the alternate ID boxes is checked you did not actually show the poll worker acceptable alternate ID.

The litigation is based on whose obligation it is to check the box. Under the statute, it is the poll worker's obligation. The affirmation form (and Husted's directive step 2, particularly the last bullet) place the consequences for the error IF there was alternate ID shown but just not recorded on the voter (the provisional ballot not being counted). (The directive actually works in favor of the voter in cases where a box was checked and the poll worker forgets to actually check the alternate ID - since a checked box is a presumption that the alternate ID was actually shown, even if it wasn't.)

Legally - I think Obama's team is correct. But from a practical perspective, I would not expect it to have much impact because it will only result in rejecting a handful of provisional ballots where the voter doesn't has (or will not provide) the last 4 digits of SS# or the drivers' license # AND fails to check one of the first 3 boxes for alternate ID.