COLUMBUS — Ohio’s 35-day early voting window will remain intact for the Nov. 4 election, a federal appeals court ruled Wednesday.
Republican Secretary of State Jon Husted said he will ask the entire U.S. 6th Circuit Court of Appeals, not just a three-judge panel, to hear an appeal of the decision. Time is short, however. Early voting will begin Tuesday.
“This case is about Ohioans’ right to vote for the public officials that make the rules and laws we live under, and yet this ruling eliminates elected officials’ ability to do what we elected them to do,” he said. “That’s wrong and I must appeal this case,” he said.
RELATED: Click here to read the court’s decision
The decision of the three-judge panel marked the latest rejection of Republican-passed laws seen as imposing new restrictions on absentee and in-person early voting.
The court refused to overturn a preliminary injunction imposed by U.S. District Judge Peter C. Economus, at least temporarily blocking enforcement of Senate Bill 238 shortening the early voting window.
It also blocked a directive issued by Mr. Husted under that law that provided for 72 hours fewer in-person early voting hours than the schedule he recently revised by Judge Economus’ order. The latest schedule provides for more weeknight and weekend hours.
The ruling is seen as a victory for Democrats, who have been more likely to take advantage of early voting. The Souls to Polls effort of African-American churches transported congregations to polling places directly from Sunday services. College students have been bused to the polls directly from campus rallies.
The suit was argued by the American Civil Liberties Union on behalf of the League of Women Voters of Ohio, the NAACP, and several black churches. It was supported by the U.S. Department of Justice.
The state failed to convince the court by saying that even at the shorter 28 days, Ohio law offers more early voting than 41 states. That’s the measurement by which Ohio should be judged, the state attorney general’s office argued.
Among other things, the court rejected the state’s argument that the lower ruling allowing counties to expand on the statewide hours set by Mr. Husted flies in the face of the uniform treatment of voters that courts have espoused.
So far, no county board of elections has expanded on Mr. Husted’s latest schedule.
Judge Moore wrote that the court believes the plaintiffs will prevail in their argument that the law is unconstitutional.
Senate Bill 238 would have eliminated “Golden Week,” the six-day overlap between the opening of the 35-day early voting period and the state’s registration deadline 30 days before the election.
The law left an early voting window of 28 or 29 days, depending on the calendar.
The three-judge panel consisted of Judge Moore, Senior Judge Damon J. Keith, and Judge Eric L. Clay, all of whom were appointed by Democratic presidents.
“Secretary Husted’s decision to appeal this ruling just days before early voting is set to begin is outrageous and irresponsible,” said Adam Warren, campaign spokesman for state Sen. Nina Turner (D., Cleveland), Mr. Husted’s opponent.
“Once again, he is letting ideology and partisanship get in the way of administering the fair elections Ohio voters deserve.”
The early voting schedule is:
● Tuesday through Oct. 3: 8 a.m. to 5 p.m.
● Oct. 6: 8 a.m. to 9 p.m.
● Oct. 7-10: 8 a.m. to 5 p.m.
● Oct. 13: Closed (Columbus Day).
● Oct. 14-17: 8 a.m. to 5 p.m.
● Oct. 20-24: 8 a.m. to 7 p.m.
● Oct. 25: 8 a.m. to 4 p.m.
● Oct. 26: 1 p.m. to 5 p.m.
● Oct. 27-31: 8 a.m. to 7 p.m.
● Nov. 1: 8 a.m. to 4 p.m.
● Nov. 2: 1 to 5 p.m.
● Nov. 3: 8 a.m. to 2 p.m.
Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.
First Published September 25, 2014, 4:00 a.m.
