Federal judge suspends Ohio's new voter ID law for absentee voting, for now

(AP) A federal judge suspended Ohio's new voter identification law Thursday as it applies to absentee voting, saying the state's 88 counties are inconsistently applying the rule in the voting, which is already under way.

U.S. District Judge Algenon Marbley granted the temporary restraining order on behalf of labor and poverty groups who sued Tuesday.

The ruling is in effect until Wednesday, when the judge will consider arguments from the same groups seeking to block application of the identification law for voters who go to the polls Nov. 7.

It's unclear how many absentee ballots have been cast since early voting began Oct. 3, said James Lee, spokesman for Secretary of State Ken Blackwell. None were scheduled to be counted before Election Day, and none will be disqualified, he said.

Assistant Attorney General Richard Coglianese said the state would appeal, perhaps as early as Friday. But Lee said the secretary of state's office would not join it.

"We have an election to run, and we do not have time to get caught up in endless litigation," Lee said.

Ohio, where a slim victory gave President Bush the electoral votes he needed for re-election in 2004, has a tight Senate race and a closely watched campaign for governor.

Under the law, an absentee voter must submit a written application that includes a driver's license number, the last four digits of the voter's Social Security number, or a copy of a current photo ID, military identification, utility bill or bank statement.

Lawyers who filed the lawsuit said the law, which also requires voters to produce identification when they check in at polling stations, is unconstitutional because of the inconsistencies in the way it is being enforced.

The secretary of state's office has argued that county boards of elections should have a clear understanding of the law because the state sent instructions to them at least twice since May.

The lawsuit _ filed on behalf of the Service Employees International Union Local 1199 and the Northeast Ohio Coalition for the Homeless _ claimed voters were facing different requirements from county boards for accepting military IDs, driver's licenses and Social Security cards.

County election boards are using different requirements for acceptable identification, such as military identification, driver's licenses and Social Security cards, said Subodh Chandra, a Cleveland attorney.

Other forms of valid ID can include current utility bills, bank statements and government checks, but the law doesn't define what "current" is, Chandra said.

A federal judge in Cleveland this month struck down another new Ohio voting rule that required naturalized citizens to provide proof of citizenship if challenged by a poll worker.