Sixth Circuit Panel, 2-1, Vacates Order
October 11
In Ohio Republican Party v. Brunner, the majority ruled that the district
court's order, coming so close to Election Day, was unduly disruptive and
thus improper. The Republicans could have challenged the Secretary of
State's procedures for verifying new voter registrations much earlier in the
electoral process and thus, according to the opinion, should not be
permitted such “late-game litigation.” The majority further opined that the
Secretary was unlikely in violation of the Help America Vote Act. While “it
would be nice if the system printed out a list of individuals . . . that did
not match,” the majority concluded that “HAVA does not require that level of
user-friendliness.” The dissenting judge accused the panel majority of both
(1) an “astounding and deeply disturbing” “lack of concern for the integrity
of the electoral process” and (2) a failure to follow the Sixth Circuit’s
own internal procedures by releasing its decision before the full appeals
court could rule on the matter. It is possible that the full Sixth Circuit
will still do so, as a request for that action remains pending.
http://moritzlaw.osu.edu/electionlaw/news/articles.php?ID=2513Bottom line: the deadline for challenges is 20 days prior to the election, Wednesday the 15th according to my count (RC 3503.24). Rather than concern about “the integrity of the electoral process,” my sense is the GOP wants a list of voters they can challenge or intimidate. The Ohio GOP in 2004 picked up the hotel tab in Columbus for a group which called itself the “Texas Strike Force.” That group made phone calls threatening voters with arrest if they showed up at polls.