COLUMBUS — Ohio’s top elections official has added 72 additional hours of early voting for the Nov. 4 election after a federal appeals court refused to lift a court order requiring him to do so.
Secretary of State Jon Husted, a Republican, told county election boards to prepare for an additional week of in-person early voting as well as for expanded evening hours beyond what he provided under prior directives.
A three-judge panel of the Cincinnati-based U.S. 6th Circuit Court of Appeals on Friday said the state failed to show it is likely to prevail in its appeal.
“Staying the order would only add to the confusion to the public, thereby adversely affecting voter turnout during [early in-person] voting if the order is ultimately affirmed on appeal,” Circuit Judge Karen Nelson Moore wrote.
The Republican-backed law had eliminated the so-called Golden Week, the first six days of early voting that occur before the cutoff of voter registration 30 days before the election. During that period, voters may register to vote and immediately cast an absentee ballot.
To date, the 6th Circuit has largely upheld lower rulings striking down laws seen as restricting voting opportunities.
“Though I have complied with the recent ruling by [U.S. District Court Judge Peter C. Economus], I must appeal his decision because in allowing counties to set their own schedules, he has once again opened the door to having a patchwork of rules across the state, which is in direct conflict with his previous rulings that insisted upon treating all voters equally,” Mr. Husted said Monday.
“Having a myriad of different rules set just before an election will not only create confusion among the electorate, but more importantly, it simply isn’t fair to treat voters in one county different than voters in another,” he said.
Mr. Husted’s newest directive to county elections officials, which they learned of Monday, provides for voting an absentee ballot in person at designated county sites beginning on Sept. 30 and continuing through Monday, Nov. 3.
The new schedule is as follows:
●Weekdays, Sept. 30 to Oct. 3: 8 a.m. to 5 p.m.
●Monday, Oct. 6: 8 a.m. to 9 p.m.
●Weekdays, Oct. 7-10: 8 a.m. to 5 p.m.
● Monday, Oct. 13: Closed for Columbus Day
●Weekdays, Oct. 14-17: 8 a.m. to 5 p.m.
●Weekdays, Oct. 20-24: 8 a.m. to 7 p.m.
●Saturday, Oct. 25: 8 a.m. to 4 p.m.
●Sunday, Oct. 26: 1 p.m. to 5 p.m.
●Weekdays, Oct. 27-31: 8 a.m. to 7 p.m.
●Saturday, Nov. 1: 8 a.m. to 4 p.m.
●Sunday, Nov. 2: 1 to 5 p.m.
●Monday, Nov. 3: 8 a.m. to 2 p.m.
Lucas County Elections Director Gina Kaczala said the staffing to cover the additional 72 hours of early voting will cost county taxpayers under $10,000.
She estimated at least six but no more than 12 seasonal employees would be needed, plus two regular, full-time staffers.
Early voting this election will be at the same place used earlier this year in the primary election, the BTC Building, at 1946 N. 13th St., near downtown.
In his ruling preventing the state from enforcing the law limiting early voting hours, Judge Economus also had ordered Mr. Husted not to interfere if a county board of elections votes to expand early voting hours beyond what he has provided.
The lawsuit was filed by the NAACP, the League of Women Voters of Ohio, and several African-American churches and was argued by the American Civil Liberties Union.
The 6th Circuit has set a briefing schedule that would carry Mr. Husted’s appeal at least through Sept. 22.
The three-judge panel consisted of Judges Moore, Senior Judge Damon J. Keith, and Judge Eric L. Clay, all of whom were appointed by Democratic presidents.
Politics writer Tom Troy contibuted to this report.
Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.
First Published September 16, 2014, 5:33 a.m.