For those of you not following the details of this story, here is some background. The McCain campaign printed and sent to likely supporters an absentee ballot application. That is perfectly legal. Ohio does NOT require a specific form, only the required information. The mailer in question put at the top a checkbox next to the required information like so:
[] I am a qualified elector and would like to receive an Absentee Ballot for the November 4, 2008 General Election.
The information in the statement above is required by Ohio law. You must state you are a “qualified elector” (legal language for registered voter) and request an absentee ballot for a particular election. The statement does that, BUT an unchecked box means no or not applicable, does it not? Think about these examples in common usage.
[] I agree to the terms of service.
[] I am over 13 years of age.
[] I want to sign up for this newsletter.
Not checking the box means what? It means, NO.
Ohio law also requires boards of election to contact voters with problems on their absentee application. Not only were boards doing that but Secretary of State Brunner went above and beyond by directing BOEs to mail a new application to voters and has a link at her website on applying for an absentee ballot. Now she gets slammed for partisan politics?! Hogwash.
The hypocrisy should be evident to even the most ardent or clueless of partisans. Last week the GOP sued to prevent early voting during the overlapping window of registration and availability of absentee ballots (the period September 30 – October 6).
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