WASHINGTON, Oct. 17, 2008

Court Backs Dem In Ohio Voting Dispute

Supreme Court Sides With Election Official In Dispute With State Republican Party Over Voter Registrations

  • Play CBS Video Video Notebook: Voting Machines

    In a heated campaign riddled with conflict, arguments should be left to candidates' stances on the issues, not on the accuracy of voting machines. Katie Couric has more.

  • State Fast Facts Ohio

    Learn about the people, economy and geography.

(CBS/AP)  The Supreme Court sided Friday with Ohio's top elections official in a dispute with the state Republican Party over voter registrations.

The justices overruled a federal appeals court that had ordered Ohio's top elections official to do more to help counties verify voter eligibility.

Secretary of State Jennifer Brunner, a Democrat, faced a deadline of Friday to set up a system to provide local officials with names of newly registered voters whose driver's license numbers or Social Security numbers on voter registration forms don't match records in other government databases.

Ohio Republicans contended the information for counties would help prevent fraud. Brunner said the GOP is trying to disenfranchise voters.

In a brief unsigned opinion, the justices said they were not commenting on whether Ohio is complying with a provision of the Help America Vote Act of 2002 that lays out requirements for verifying voter eligibility.

Instead, they said they were granting Brunner's request because it appears that the law does not allow private entities, like the Ohio GOP, to file suit to enforce the provision of the law at issue.

"It's technical but it amounts to a loss for the GOP and a victory for Brunner," said CBS News legal analyst Andrew Cohen.

About 200,000 of 666,000 voters who have registered in Ohio since Jan. 1 have records that don't match. Brunner has said the discrepancies most likely stem from innocent clerical errors rather than fraud but has set up a verification plan.

McCain campaign manager Rick Davis said lower court rulings have clearly said the HAVA regulations require the secretary of state to match against the list, find where there's been fraud and inconsistencies and report them to counties.

"Why in the world would that not happen? We have the technology, the budget, the means and the manpower to make that happen. Do we really want to have to find out after the fact that we had counties that would have been decided one way or another because the secretary of state didn't bother doing the job the HAVA required?" Davis told reporters on a conference call. "I think the secretary of state ought to do her job," he added.

©MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Candidate Profiles & RSS Feeds


Video and Galleries from Politics

Add a Comment See all 138 Comments
by koko98-2009 October 17, 2008 12:40 PM PDT
To the Republicans complaining about this case, in the words of YOUR hero Antonin Scalia, "GET OVER IT!!"
Reply to this comment
by credibility2 October 17, 2008 12:42 PM PDT
This has been made out to be a political issue. The Dems are wrong to be tolerating and thereby accepting any type of voter registration fraud because it gets at the very heart of our rights as legal citizens to exercise the right to vote. If this were the Repubs attempting to do the same thing, the Dems wouldn''t hesitate to go after them. For the Dems to turn a blind eye to this type of criminal registration and impede any form of investigation is reprehensible. And for the Dems to further accept this type of criminality speaks to what their intent really is in this matter, and that is to fix the vote for their candidate. Remember what the black Muslim extremist and radical Malcolm X used to say? He said "..by any necessary.." and the Dems are living up to this rallying cry for criminality and fraud. The Dems have become the party that perverts our rights and condones and encourages voter registration fraud, all the while worshiping at the feet of Acorn, the perpetrators of this criminality. This is what our nation has become. Tolerating this or any t ype of criminality for expediency and fraud and to actually convince themselves that it''s perfectly acceptable is very dangerous and undermines our democracy and our rights as legal citizens to vote and conform to law.
Reply to this comment
by unlresources October 17, 2008 12:44 PM PDT
Does ACORN have anything to do with this? 200,000 votes are quite a bit since the margin of victory for Bush in 2004 was 119,000. Wheter you''re a Dem or Rep or Indy just goes to prove politicians will do anything for a vote.
Reply to this comment
by credibility2 October 17, 2008 12:44 PM PDT
Those who feel the Repubs should "get over it" are more than likely young, immoral and without any ethics, integrity or sense of duty and responsibility for honoring and obeying laws. These are the same types who excuse criminal behavior in sports and entertainment figures thinking whatever they did that was criminal should be overlooked, since it''s not at all important.
Reply to this comment
by whitmore69 October 17, 2008 12:51 PM PDT
Bravo, Supreme Court of Ohio, for calling out the Republican Morality Police on their obvious ploy to keep the poor and disenfranchised from casting their vote
Reply to this comment
by misha128-2009 October 17, 2008 1:02 PM PDT
Joe the plummer, a regular American trying to live the American dream ...

Posted by OneAmerican7 at 12:56 PM

Was used in another John McCain fantasy production (lie), and promptly thrown under the bus. Be careful or you will be Senator McCain;s next victim.
Reply to this comment
by credibility2 October 17, 2008 1:02 PM PDT
ainttaken: your post is exactly what I''m referring too and is totally off point. I do agree that personal responsiblity is also key but not to have mentioned it is hardly hypocritcal. Perhaps you should take that into consideration before you go off on irrational immature tangents. And please spare me the inference about my party affiliation and which candidate I may or may not have already voted for. Criminals come in all forms, including the Feds, especially Congress, Wall St and Main St.
Reply to this comment
by aboz3 October 17, 2008 1:07 PM PDT
OneAmerican7 at 12:56 PM

Your post is giving everyone a chuckle. Would you mind sharing the dope you must be smoking???
Reply to this comment
by godseyesore-2009 October 17, 2008 1:08 PM PDT
I guess this is turnabout for the Florida debacle in bush''s stolen election. Even so, (and I''m a democrat), I think Supreme Court should keep the hell out of politics. Even chief justice Rehnqist stated that the quick jump into the 2000 election process was biggest mistake of his tenure at supreme court.
Reply to this comment
by john6pack October 17, 2008 1:12 PM PDT
Both sides had valid arguments but here is my take.
One law asked for checkups and other law forbids changing the lists in the last 90 days before the election.
Since the checkups could result in list changes, that would violate the 90 day freeze period.
If the republicans broght this lawsuit some months ago, it should have had a very different outcome.
Now, it''s too late, and both parties screwed it up.
Reply to this comment
by tomadams99 October 17, 2008 1:14 PM PDT
A good example of how far the DEMOCOMs will go to gain power and influence in the nation. We need to revisit Thomas Jefferson''s philosophies.
Reply to this comment
by briannorwood October 17, 2008 1:21 PM PDT
"We need to revisit Thomas Jefferson''s philosophies." -- Jeffersoniantomadams99

OK. Here is what Jefferson thought about voter restrictions....


Concerned about the rise of any form of tyranny, Jefferson wanted tools in government to work as inherent checks upon itself and provide safeguards against the vandalism of the Bill of Rights. Of these tools were to have an unrestricted press, an educated public to judge it with, and the right for all to vote. Although no system is perfect, he thought it better to allow the people to err, rather than to permit a power that restricts the people. "The people are the only censors of their governors: and even their errors will tend to keep the true principles of their institution. To only punish these errors too severely would be to suppress the only safeguard of public liberty"
Reply to this comment
by john43218 October 17, 2008 1:42 PM PDT
TOTALLY OUTRAGEOUS!!!!!!!!

The BIASED DEM BS ALLOWS FRAUD..

The %u201Cnon-bias%u201D news agencies slant so stongly towards (or are paid by) Obama that they have actually brain-washed the American people. I love my country and I am disappointed with the all anti-American influences from Democrats & Liberals telling us what we want.
God help us.
Reply to this comment
by whitmore69 October 17, 2008 1:42 PM PDT
John6pack. Figures you are a Republican. Your ignorance is astounding. The Supreme Court of the United States did not decide this matter. It was the OHIO State Supreme Court.
Reply to this comment
by strangeworld October 17, 2008 1:48 PM PDT
I think that there''s too much being read into this decision, or failure to make a decision, by the Supreme Court. It sounds to me that they would not consider the challenge to the state of Ohio by a third party (private) party, in this case the Ohio GOP. It''s a mess, but it looks like the state is moving to get the voter registrations cross-referenced with other data-bases, so you can''t really make a case for footdragging. After the debacle in 2000...and again in Ohio itself in 2004, there should have been more emphasis on providing a system that ensured that all voters would be able to easily register and vote without problem...that would be the least that our government could do for it''s citizens. No priority was given to voting problems by the bush administration, so we''ve got another problem - maybe it will be starightened out by the next election.
Reply to this comment
by john43218 October 17, 2008 1:48 PM PDT
Again, I am amused by the commments.. What a bunch morons here.
Reply to this comment
by brucie2006 October 17, 2008 1:49 PM PDT
McCain campaign manager Rick Davis

Rick Davis is still receiving monthly checks from Freddie Mac and Fannie Mae...and he is complaining, Rick Davis should be indicted with the AIG CEOs.
Reply to this comment
by john43218 October 17, 2008 1:50 PM PDT
Again, I am amused by the commments.. What a bunch of morons here.
If Obama is elected I will leave for four years, don''t think I want to share my weaklh you idiots...LOL

Trailer park ? Kidding, right? I live on Madison Ave, you putz
Reply to this comment
by john43218 October 17, 2008 1:51 PM PDT
Again, I am amused by the commments.. What a bunch of morons here.

If Obama is elected I will leave for four years, don''''t think I want to share my wealth with you idiots...LOL

Trailer park ? Kidding, right? I live on Madison Ave, you putz. lol

Reply to this comment
by alien_view October 17, 2008 1:56 PM PDT
whitmore69 - You''re the idiot. This is the AP Headline; look it up if you know how. The U.S. Supreme Court was deciding today whether to intervene in an Ohio elections dispute that has cast doubt on the ability of 200,000 newly registered voters to cast ballots in the November election. Did you note the two letters U.S. Supreme Court, not the Ohio Supreme Court. The republican was right, I don''t know what planet your on but not ours.
Reply to this comment
by erasmus81 October 17, 2008 2:04 PM PDT
I don''t understand why people have to go through so much bullcr*p just to vote!
Reply to this comment
by brucie2006 October 17, 2008 2:04 PM PDT
".....Instead, they said they were granting Brunner''s request because it appears that the law does not allow private entities, like the Ohio GOP, to file suit to enforce the provision of the law at issue. "

"It''s technical but it amounts to a loss for the GOP and a victory for Brunner," said CBS News legal analyst Andrew Cohen"

....Corrupt Repiglicons loose. McCain also needs to be honest about his relationship with indicted and jailed Repiglicons, Ney, Cunningham. Also, G. Gordon Liddy.

Reply to this comment
by andor3 October 17, 2008 2:09 PM PDT
"If Obama is elected I will leave for four years"

If you are unwilling to pay your share then you should leave. Give up your citizenship. You think your country owes you a free ride.
Reply to this comment
by misha128-2009 October 17, 2008 2:15 PM PDT
voter suppression nipped in the bud -- A winner for the Republican passed HAVA act.
Reply to this comment
by misha128-2009 October 17, 2008 2:18 PM PDT
My understanding is that congress passed just such a law (HAVA) but the Ohio secretary of State chose to violate it, hence the suit.

Posted by pmsnbc2 at 02:15 PM

Interpreting the law is the province of the courts and not individuals and at this time it appears that the opinion as to the applicability of the HAVA act is in favor of the Ohio Secretary of State.
Reply to this comment
by veteranx-2009 October 17, 2008 2:18 PM PDT
Credibility2 ... what our nation has become is a trash heap made by Republicans who will stop at NOTHING to win, including ELECTION FRAUD: hacked electronic voting machines, voter caging, phony ballots, illegal purging of voter lists. This is what is underming our democracy. There is a simple solution: through out all the electronic voting machines (made by Republican businesses) and go back to PAPER BALLOTS, like we use here in Oregon. Then it is very easy to verify votes, do recounts, and check for voter fraud - which is actually very rare. Use your brain: if someone makes up a voter registration to earn some money, what is going to happen on election day? Is Mickey Mouse or Donald Duck going to show up at the polls? Is a dead person going to show up at the polls? It is a CRIME to cast a fraudulent ballot. Do you seriously believe that hundreds of thousands of people are willing to break the law to cast a ballot? Stop drinking the kool aid.
Reply to this comment
by hatesthecolt October 17, 2008 2:22 PM PDT
Here''''s an opposing viewpoint:

When voter registration fraud happens, the civil rights of all legal voters have been violated

And here''s the corollary to that: when legitimate voters are denied the right to vote it''s a frustration of the Constitution. And that''s what Republicans are aiming for: disenfranchising 1000 legitimate voters in favor of catching 10. If they were serious about enfranchisement, they''d let them vote and then challenge, not deny them the opportunity to vote.
Reply to this comment
by redbds October 17, 2008 2:22 PM PDT
No priority was given to voting problems by the bush administration, so we''''ve got another problem - maybe it will be starightened out by the next election.

Posted by Strangeworld at 01:48 PM : Oct 17, 2008

DUH! The law that the Ohio Secretary of State is refusing to follow was passed during the Bush administration. So saying that the Bush administration has done nothing is a lie. The sate officials, in this case a democrat, are breaking the law.
Reply to this comment
by hatesthecolt October 17, 2008 2:24 PM PDT
If Ohio goes to Barack "O"bama by less than 200,000 votes, no one will believed he won. Everyone will know that Jennifer Brunner a Democrat in the tank for "O"bama stole Ohio Election.


--------------------------------------------------------------------------------

Posted by bellschotsch

No one Everyone? Just liikek ''everyone'' believes that Gore won in 2000 and Kerry won in 2004? And if the Democrats really did intend this, and succeeded, it would just be legitimate payback in many people''s minds.
Reply to this comment
by misha128-2009 October 17, 2008 2:24 PM PDT
voter suppression nipped in the bud -- A winner for the Republican passed HAVA act.

Posted by misha128 at 02:15 PM : Oct 17, 2008


Here''''s an opposing viewpoint:

When voter registration fraud happens, the civil rights of all legal voters have been violated.

Posted by pmsnbc2 at 02:18 PM

Due to the laws of many states to wisely prevent destruction of valid voter registrations require collectors to submit ALL COMPLETED REGISTRATION FORMS. The HAVA law passed by a Republican Congress and signed by a Republican President (Bush) in 2002 required matching (not specifically an exact match down to middle initial or apt number or even exact spelling of the name) between new voter registrations and things such as State ID''s, Drivers Licenses and or the last 4 digits of the Soc Sec Number to prevent fraudulent voter registrations from being added to the voter roles. Were the Republicans all that incompetent at addressing the protection of the voter roles or do many of you protest too much about nothing?
Reply to this comment
by omega40 October 17, 2008 2:24 PM PDT
DUH! The law that the Ohio Secretary of State is refusing to follow was passed during the Bush administration. So saying that the Bush administration has done nothing is a lie. The sate officials, in this case a democrat, are breaking the law.

Posted by redbds a

Pity that Rep Ken Blackwell still wasn''t in charge so that he could engineer another 5000:1 voting machine ratio in poor neighborhoods.
Reply to this comment
by redbds October 17, 2008 2:25 PM PDT
I live in Columbus, and have witnessed first hand that the Ohio Republican party will try everything they can to disenfranchise voters and steal the election, like they did here in 2000 and again in 2004. Sadly for them, and fortunately for the rest of us, it''''s not going to work in 2008....

Posted by raflin001 at 02:22 PM : Oct 17, 2008

You call it disenfranchise. We call it making sure that only legal voters get to vote and that they only vote onec.
Reply to this comment
by hatesthecolt October 17, 2008 2:25 PM PDT
Hey getoffmine1... your "payback" post beat mine by a minute. Great minds think alike!
Reply to this comment
by redbds October 17, 2008 2:27 PM PDT
Pity that Rep Ken Blackwell still wasn''''t in charge so that he could engineer another 5000:1 voting machine ratio in poor neighborhoods.

Posted by omega40 at 02:24 PM : Oct 17, 2008

Okay. Keep shifting the discussion away from the issue at hand and point to your made up past. Why can''t liberals stay on topic.
Reply to this comment
by omega40 October 17, 2008 2:27 PM PDT
We would call THAT "Divine justice." Remember Republican Katherine Harris and her "hanging chads" in Forida in 2000?????

Posted by raflin001


LOL! Remember how the Bush''s and the RNC kicked her to the curb in 2004? Too funny.
Reply to this comment
by hatesthecolt October 17, 2008 2:28 PM PDT
So create at least 200,000 "fraudulent" absentee ballots in your states and steal the election for John McCain.


--------------------------------------------------------------------------------

Posted by bellschotsch

Hey dingleberry... even the Republicans aren''t saying all those registrations are fraudulent. And that''s not what the opinion says. In fact, moron, the decision was issued without comment so there was no "opnion."
Reply to this comment
by misha128-2009 October 17, 2008 2:28 PM PDT
If Ohio goes to Barack "O"bama by less than 200,000 votes, no one will believed he won. Everyone will know that Jennifer Brunner a Democrat in the tank for "O"bama stole Ohio Election.

Posted by bellschotsch

Due to the laws of many states to wisely prevent destruction of valid voter registrations require collectors to submit ALL COMPLETED REGISTRATION FORMS. The HAVA law passed by a Republican Congress and signed by a Republican President (Bush) in 2002 required matching (not specifically an exact match down to middle initial or apt number or even exact spelling of the name) between new voter registrations and things such as State ID''''s, Drivers Licenses and or the last 4 digits of the Soc Sec Number to prevent fraudulent voter registrations from being added to the voter roles. Were the Republicans all that incompetent at addressing the protection of the voter roles or do many of you protest too much about nothing?

Posted by misha128 at 02:24 PM

Based on my preceding comment anyone that believes like the original poster should take the Republicans to task for passing an ineffective law and spending money unwisely.
Reply to this comment
by omega40 October 17, 2008 2:29 PM PDT
Okay. Keep shifting the discussion away from the issue at hand and point to your made up past. Why can''''t liberals stay on topic.

Posted by redbds

Ok, what did you want to discuss? From what I read the Republican party doesn''t have the standing to challenge the SOS on HAVA, where does that leave the GOP?
Reply to this comment
by misha128-2009 October 17, 2008 2:31 PM PDT
Barack "O"bama + ACORN = STOLEN ELECTION IN OHIO

Posted by bellschotsch at 02:28 PM

Due to the laws of many states to wisely prevent destruction of valid voter registrations require collectors to submit ALL COMPLETED REGISTRATION FORMS. The HAVA law passed by a Republican Congress and signed by a Republican President (Bush) in 2002 required matching (not specifically an exact match down to middle initial or apt number or even exact spelling of the name) between new voter registrations and things such as State ID''''''''s, Drivers Licenses and or the last 4 digits of the Soc Sec Number to prevent fraudulent voter registrations from being added to the voter roles. Were the Republicans all that incompetent at addressing the protection of the voter roles or do many of you protest too much about nothing?

Posted by misha128 at 02:24 PM

I''d chalk it up to Bush & Republican incompetence myself.
Reply to this comment
by alien_view October 17, 2008 2:31 PM PDT
veteranx - I don''t know what you''re drinking, but I want some of it. You''re out in space somewhere lost in another reality. Here is your SIGN!
Reply to this comment
by redbds October 17, 2008 2:31 PM PDT
Okay. Keep shifting the discussion away from the issue at hand and point to your made up past. Why can''''''''t liberals stay on topic.

Posted by redbds at 02:27 PM : Oct 17, 2008

We are on topic, we''''re saying if the Dems do pull something in Ohio it''''s ok, we owe you not 1 but 2.

Posted by getoffmine1 at 02:29 PM : Oct 17, 2008

This is like talking to a third grader. I will let you live in your fantasy land.
Reply to this comment
by oleander8 October 17, 2008 2:32 PM PDT
Ohio was so blatently robbed in 2004 by Republican election officials. They have no credibility when they cry fraud!
Reply to this comment
by hatesthecolt October 17, 2008 2:32 PM PDT
Ok, what did you want to discuss? From what I read the Republican party doesn''''t have the standing to challenge the SOS on HAVA, where does that leave the GOP?


--------------------------------------------------------------------------------

Posted by omega40

Thanks Omeaga 40 for showing you actually read teh article unlke Bellschotch. I think another nice poke at the Republicans is that the Court essentially decided this on a ''technicality'' (standing) instead of going to the issue of law. We all know how Republicans hate "Technicality" decisions, but this is their court, bought and paid for so they really don''t have much room to beef. SWEET!
Reply to this comment
by whitmore69 October 17, 2008 2:32 PM PDT
Erasmus81. You seem very angry. No doubt because your party is getting a taste of it''s own medicine in Ohio for once. I hope the U.S. Supreme Court does intervene...won''t matter either way... The chickens are coming home to roost on this one and it''s about time.
Reply to this comment
by misha128-2009 October 17, 2008 2:33 PM PDT
Ok, what did you want to discuss? From what I read the Republican party doesn''''t have the standing to challenge the SOS on HAVA, where does that leave the GOP?

Posted by omega40 at 02:29 PM

As the incompetent party that passed and signed the law.
Reply to this comment
by thinkdeeply8 October 17, 2008 2:35 PM PDT
When did the Republicans get morals?

They are all a bunch of corrupt cheaters, and now I''m supposed to believe they are concerned about fraud?

Find the WMD and then I''ll believe you.
Reply to this comment
by brucie2006 October 17, 2008 2:37 PM PDT
bellschotsch at 02:34 PM :

....so did Katherine Harris in the 2000 Bush elections in Florida. Then Bush and the Repigs threw that ugly b*t*h Harris right under a Mac Truck when she ran for election in Florida.

Reply to this comment
by misha128-2009 October 17, 2008 2:39 PM PDT
Ohio''''s 88 Election Commission Boards were set up to catch "fraud", but the Secretary of State, Jennifer Brunner a Democrat held back 200,000 "fraudulent" absentee ballots from them. She broke the law, clear and plain. Give up those ballots to the 88 Election Commission Boards Jennifer!!!!!

Posted by bellschotsch at 02:34 PM

Yet another debatable interpretation of the law only answerable by the courts (thus far only accepted by a single court, in an inappropriate hearing according to the Supreme Court) and as of yet unasked by an entity with proper legal standing. Personally I agree with the Secretary of State -- however that opinion and yours are both not legally binding.
Reply to this comment
by misha128-2009 October 17, 2008 2:40 PM PDT
All Ohioians now need to go to the polls and vote John McCain to correct this wrong.

Posted by bellschotsch at 02:38 PM

Personally I believe Barak Obama and the Democrats have a better chance of fixing this Republican mistake along with many others facing our country.
Reply to this comment
by brucie2006 October 17, 2008 2:40 PM PDT
bellschotsch
Jennifer Brunner will be gone by Ohio''''s public demand after this election, hope she will get a job in "O"bama''''s senate staff.

Nope, she is looking good. The only hope McCain would have if Sarah Palin did some "pole dancing," instead of opening her mouth.

Reply to this comment
See all 138 Comments
  • MOST POPULAR
  • Viewed
  • Commented
Latest News
Featured Blogs