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

[Ms. Toad]

50. First - the directive doesn't affect all early votes -

The only possible impact is on provisional voters (early or not).

Second, the directive says the same thing as form the voters are filling out says. Every provisional voter, both before and after the directive, fills out the exact same form - the directive has no impact on the process of casting a provisional ballot.

The only potential impact (and likely a very small one) is in which ones get counted in the days following the election.

If the voter used the last 4 digits of his/her SS# for ID - the directive has no impact
If the voter used the correct number from his/her driver's license - the directive has no impact. (And because there are two numbers on the driver's license, the form encourages using the SS# option to have a better chance of being counted.)
If the voter did neither of the above and checked any of the first 3 boxes on the provisional ballot affirmation - the directive has no impact.
If the voter did none of the above, but came back within 10 days to the BOE with proper ID OR completed a 10-T (if eligible) - the directive has no impact.

The above options (generally the first two) apply to the vast majority of provisional ballot affirmations).

The few that will be impacted are those who didn't take either of the first two options, forgot to check any of the boxes, didn't fill out a 10-T (if eligible) and or forgot to come back with ID), and the poll worker did not notice that the form was incomplete. In those limited circumstances, they will be presumed not to have shown any ID, and their provisional ballot will not be counted.

The court case is, essentially, what are the consequences when this kind of mistake occurs in documenting the few cases in which ID actually must be viewed by the poll worker. The directive says pretty much what was on the form the voter filled out (the same one in use before the directive): "If you do not check one of the following boxes . . . the board of elections will conclude that you did NOT show ID to your precinct election official and you must show ID at the board of elections during the 10 days after the election for your vote to be eligible to be counted."

The statute says the poll worker must check the box documenting the ID was seen. The form says the voter has to. The directive says - if the box wasn't checked it means the ID wasn't seen (and the vote can't be counted).