AP/ October 6, 2012, 10:05 AM

Ohio court backs pre-Election Day voting for all

Poll workers are seen during Super Tuesday primary voting on March 6, 2012 in Youngstown, Ohio.

Poll workers are seen during Super Tuesday primary voting on March 6, 2012 in Youngstown, Ohio. / Mario Tama/Getty Images

COLUMBUS, Ohio A federal appeals court on Friday reinstated in-person early voting in the battleground of Ohio on the final three days before the Nov. 6 election, handing a victory to President Barack Obama's campaign.

But local boards of elections would have the discretion to decide whether to allow voters to cast an early ballot on the weekend and Monday before Election Day — just as they could in 2008.

The ruling by the three-judge panel of the 6th U.S. Court of Appeals in Cincinnati came in a case targeting a state law that ends early voting for most residents on the Friday evening before a Tuesday election. The law makes an exception for military personnel and Ohio voters living overseas.

Obama's campaign and Democrats sued Ohio's Secretary of State Jon Husted and Attorney General Mike DeWine, both Republicans, over the legality of the law. They argued that everyone should have a chance to vote on those days.

Husted said Friday evening that his office was still reviewing the 6th Circuit's decision.

"On Monday, we will make a determination on how to proceed legally and provide administrative guidance to Ohio's boards of elections," his office said in a statement.

Ohio is among 34 states, plus the District of Columbia, where people can vote early without giving any reason. About 30 percent of the swing state's total vote — or roughly 1.7 million ballots — came in ahead of Election Day in 2008. Crucial to Obama's win that year was early voting in Ohio, North Carolina and Florida.

Mr. Obama won Ohio in the last presidential election, but Republican rival Mitt Romney is making a strong play for it. No GOP candidate has won the White House without Ohio in his column.

President Obama's campaign praised the Ohio ruling in a statement Friday.

"As a result of this decision, every voter, including military, veterans, and overseas voters alongside all Ohioans, will have the same opportunity to vote early through the weekend and Monday before the election," said Bob Bauer, general counsel for Obama for America.

In the same week as the Ohio decision, a judge ruled Tuesday that Pennsylvania voters won't have to show photo identification to cast ballots on Election Day, a move that could help Obama.


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13 Comments Add a Comment
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nearl451 says:
The best thing is that Mike DeWine and Jon Hustad will soon enough have their partisan butts handed tothem by the Ohio electorate.

SOS and Attorney General ought to be largely non-partisan positions.....for many States tey seem to be just extending arms of a political Party.
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audemus says:
Yet another attempt at stealing an election by the Republicans defeated. I'm almost ready to start believing in "Truth, Justice, and the American Way" again....
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Eco99 replies:
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Shhhh ... don't jinx it.
nearl451 replies:
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It does seem to rely heavily at present on the Judicial Branch to keep our freedoms.
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jaykay3141 says:
Ohio: voter suppression struck down.

Pennsylvania: voter suppression put on hold till 2013 by a _Republican_ judge.

Texas: voter suppression blocked.

Wisconsin: voter suppression blocked.

South Carolina: voter suppression blocked.

Finally, Democracy is pushing back against the Reich-wing assault.
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Eco99 replies:
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Giddy Up!!
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Sam2011 says:
Voter ID "IS" constitutional according to the U.S. Supreme Court. No doubt, a "liberal" mistake this article and many others "fail" to disclose. Fraud news article, fraud ruling by activist judges.
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jaykay3141 replies:
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You mean activists like Robert Simpson, the judge who found Pennsylvania's crazy-quilt law to be unsupportably odious despite the fact that he is white, Republican, and conservative?
Eco99 replies:
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If you read the ruling Sam, there are some differences between Indiana and these other states. First and foremost, you can get an ID for free in Indiana and if you did not have ID with you, you could still cost a provisional vote and swear an affidavit within 10 days for the vote to be counted. I don't agree with the ruling but there are big differences between the US Supreme Court Ruling to which you are referring and PA, Wisconsin, etc.

There is no fraud, the real fraud in the prepetuation of the fact that there is rampant voter fraud and it is nothing more than an attempt by the GOP to swing the election in their favor. It is obvious those most impacted by these ID laws would largely vote democrat. Also the Tea Party has been outspoken about also wanting to restrict voting rights for people who do not own land and students corrupted by liberal educations at Universities. Where is your outrage for those positions?
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jimatmadison says:
When citizens vote, Republicans lose.
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Eco99 says:
It is encouraging to see that some courts can see through the political ideology and thinly veiled argument of voter fraud and put the people and rule of law first. Across many of the battle ground states these laws have been struck down to one degree or another.
Watch after the election, the real proof that it was all based on voter suppression will be if they continue to fight for these "needed" laws or just wait until the next election. These laws in and of themselves, but taken together with ALEC, union busting, etc. show how unpatriotic and undemocratic the whole GOP party can be and where their true beliefs lay. Not in freedom for all but in consolidating money and power for a small fraction of those in this country.
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bluejacket2-2009 says:
Another GOP voting suppression attempt GONE... Now let's hope the religious GOP right doesn't start forcing their southern Baptistism down everyone's throat as they are doing in Texas...
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dennisall77 says:
LET MY PEOPLE VOTE!

The Repugs keep trying to suppress the Democrat vote, everywhere. What scumbags!
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