By

Lucy Madison /

CBS News/ August 15, 2012, 6:00 AM

In Ohio, early voting restrictions face legal test

"The evidence is that the number of people who vote early climbs on a linear trend as the election day approaches. That's the reality of campaigns; that's the reality of voting; that's the reality of individual decision-making," said Paul Gronke, a professor at Reed College and director of the nonpartisan Early Voting Information Center (EVIC).

The Secretary of State's office disputes the notion that ending the early voting period on November 2 would tamp down turnout, pointing out that the voting period starts 35 days before the election and that absentee ballots are being mailed out to all voters, who may use them to vote even if they're not out of state.

"In Ohio it's very easy to vote," Husted told CBSNews.com. "Voters will have potentially more than 750 hours to cast a vote without ever leaving the comfort of their own home."

Husted asserted that due to logistical concerns associated with both early voting and Election Day efforts, keeping the polls open on the two or three days prior to November 6 is a practical impossibility.

"There needs to be a time period for the board to synchronize the voter rolls," he said. "We will have millions of absentee ballot requests. And on Tuesday morning you have these paper poll books that have to go out to the polls in 9,800 precincts around the state... If you're going to make it very easy in those previous 33 days to vote, you have to have some time at the end to synchronize your data."

Even if voters are equally as inclined to vote three days before an election and three weeks before it, however, which is unclear, Gronke argues that encouraging them to do so earlier in the cycle rather than later essentially invites people to vote with less information than they'd otherwise be privy to. 

"You're encouraging people to vote before the last pieces of information have come in," Gronke said. "It's the presidential election. I think you want people to be as fully informed as possible." 

A high-profile controversy

Debates over early voting regulations have been going on in a number of states across the country, but controversy surrounding the issue erupted on the national stage earlier this month when Romney targeted Democrats for bringing the lawsuit, which he suggested would strip military voters of their rights.

"President Obama's lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state's early voting period is an outrage," the former Massachusetts governor said in a statement last week. "The brave men and women of our military make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote."

That charge was categorically debunked - a New York Times editorial decried it as "an extraordinary lie" - and the Obama campaign lambasted the Romney team for the false charge.

Amid the drama, the Secretary of State's office was fielding yet more complaints about regulations guiding how early voting is being conducted in the state: Democrats have charged in recent days that Republicans on local election boards are making a concerted effort to limit the hours that early voting stations are open in areas with Democratic advantages.

In Ohio, state law dictates that local election boards have the authority to determine the hours in which their early voting polls operate, and the Secretary of State serves as a tiebreaker for cases in which the boards are deadlocked on a decision. Husted has said that in those instances he will uniformly opt to limit voting to weekday business hours, 8 a.m. to 5 p.m., and Jerid Kurtz, communications director of the Ohio Democratic Party, argues that Republicans in heavily Democratic districts are voting for those limited hours in an effort to depress Democratic votes, while those in Republican districts are voting for the more expansive hours.

"We're seeing a very transparent pattern here," Kurtz said. "This entire picture is coming together in a way that makes it look like Republicans in Ohio are trying to game the vote in any way they can."


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    Lucy Madison is a political reporter for CBSNews.com.

20 Comments Add a Comment
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chevyhotrod says:
That charge was categorically debunked - a New York Times editorial decried it as "an extraordinary lie" - and the Obama campaign lambasted the Romney team for the false charge.

_________________

Notice how Lucy uses a New York Times editorial as a debunking source...come on Lucy, stop the lies.

Come on CBS, you can find a better unbiased, so call reporter than this. She has been doing this stuff day in and day out.

The American people deserve better.
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chevyhotrod replies:
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Why does Lucy just use the White House for a debunking source, I sure they will accommodate her and praise her for being such a good reporter and an upstanding citizen.
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Dancing-in-the-Streets says:
On election day - take a sick day! What's one day off, this is your country's future! Your future! VOTE! Then offer rides to anyone who can't get to the polls!

OBAMA/BIDEN : )
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chevyhotrod replies:
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What future?

$1.3+ Trillion Annual Deficits?
$16+ Trillion Debt and climbing?
$100+ Trillion unfunded liabilities?

What about the future of our children and grandchildren?

Will they be able to afford just the interest on this debt alone?

When the interest cannot even be paid, what do we do then?
retmw1 replies:
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Take a sick day and the republicans would accuse you of being a lazy slacker.
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Bojax39 says:
"Democrats head to court today in an ongoing challenge with the state over early voting laws they say are designed to suppress Democratic turnout."

Yeah. It'll especially play hell with the illegal alien vote.....
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Tothiwim says:
The Banana Republic of Florida has now been joined by Ohio and every other Republican-controlled state legislature. This is why Republicans are so fond of "States Rights", which is their code word that ostensibly refers to local control based on local preferences, but in fact is intended to invoke nostalgia for state-sponsored racism, promotion of local corruption, and violation of the principle of separation of church and state.
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chevyhotrod replies:
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"state-sponsored racism"

Can win an argument, call them racist.
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Rodeo_Joe says:
How odd - Republicans outlawing voters who can't produce excessive documentation when their candidate won't even show his tax returns.

What's the matter Repubs? Your "base" dying off too quickly?
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chevyhotrod replies:
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Why can't President Obama turn over his college transcripts?

I guess you didn't pay close attention to the 2010 election, did you?

It will be much of the same in Nov. 2012, watch and see.
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1stlttightwad says:
Hmm, sounds like the Dems are pis/sed off with the Repubs using their tactics..
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Bojax39 replies:
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Doesn't it? :-)
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1stlttightwad says:
Many military personell are on duty and cannot leave to go vote, that is why. Many states have laws that require an employee to be given time off to vote without any penalty..There is no federal equivalent.
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AOCGUY replies:
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wad, have you ever served in the military? The Military goes to great lengths to allow their members to vote. Oh, and BTW, in ConUS very few servicemembers work more than an 8 hour day or a 4 hour week. Simply not necessary. Plenty of time after or before duty hours to vote. Yesterday in the FL primary alost a third of the voters that entered to polling place after 4pm where I worked were in uniform coming off work to vote.
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marychgo says:
There is NO excuse for what Ohio (or Pennsylvania or Florida) is doing. The entire history of the U.S. franchise has been to BROADEN the right to vote; the ONLY reason to reverse this history is the GOP's hope to win by NARROWING the right to vote.
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AOCGUY replies:
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mary, what exactly has Florida done? Im a poll worker in Florida (early voted as did my wife). Early voting went ten days (ended this past Saturday) and polls opened at 0700 yesterday morning closed last night 1t 1900. No problems (unless you lost I guess). Seems to work here.
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Ulgnud says:
It increases voter participation. And the Democrats are worried about more people voting. What are the Democrats trying to pull now?
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AOCGUY replies:
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I don't believe you understood the issue. The Dems are upset about reduced and more restricted early voting not the other way around.
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nearl451 says:
The issue in Ohio is that County by COunty the hours are more or less per a vote. And the SOS is getting personally involved in managing that vote.
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