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

[Ms. Toad]

73. The directive does not change anything the pollworkers are doing.

The form has been used since the first day of early voting. The directive is to the Boards of Election and applies only to reviewing affirmations which were not properly marked. The exact same instruction is on the form the voters fill out (it tells voters that if they don't provide the number associated with the two most common forms of ID AND they don't check a box or fill out a different form AND they don't show back up at the BOE within 10 days their vote won't be counted). All the directive does is require the BOE to follow the directions that are printed on the form when they review them. (Those directions are, in my opinion, legally incorrect - and that issue is being litigated.)

You said you were concerned that the directive subverted "the whole point of a PROVISIONAL ballot in the first place {which was} to preserve the intended vote in a form that it can be counted once there is a judgment as to its validity." That is the difference between a directive to put them in a shredder (not part of this directive) and to count them incorrectly (which is part of this directive).

The lawsuit is over how the review is conducted (based on the directive) - meanwhile, the purpose you articulated for provisional ballots is being carried out- the vote is preserved.

I think the Obama team is legally correct, and will ultimately win. I'm not arguing about the principle - just that there is no destruction of ballots ordered -and that the practical impact is likely to be very small (most people put a SS# or Driver's license number on the form - and if they do, this directive has no impact on them). In addition there are observers in most precincts in Ohio who are instructed to ask to be notified whenever a provisional ballot is issued who can watch to make sure a box is checked. I will be very surprised if an injunction related to poll workers is issued based on litigation requesting clarification on which provisional ballots are to be counted.