Ohio Supreme Court to Franklin County - do not count disputed provisional ballots
December 5 (2:42 PM)
The Ohio Supreme Court decided that Secretary of State Jennifer Brunner acted unreasonably in instructing the counties to count provisional ballots without both name and signature and those with name and/or signature in the wrong place on the form.
http://moritzlaw.osu.edu/electionlaw/Statement from SOS Brunner's office:
Dec. 5, 2008
For Immediate Release
STATEMENT REGARDING OHIO SUPREME COURT DECISION
COLUMBUS, Ohio – The following statement concerning the Ohio Supreme Court’s decision Friday in State ex rel. Skaggs v. Brunner may be attributed to Kevin Kidder, Media Relations Coordinator, Ohio Secretary of State Jennifer Brunner’s office:
“The Ohio Supreme Court has ruled against counting the provisional ballots of approximately 1,000 Ohioans who were clearly eligible and qualified to vote. We agree with the Supreme Court’s characterization of Ohio’s provisional ballot laws as ‘…a quagmire of intricate and imprecisely stated requirements, including internal inconsistencies and multiple affirmations and declinations…’ As we saw at the Ohio Election Summit and see again today, the General Assembly must thoughtfully review and update Ohio’s provisional ballot laws next year.”
“It is important to note that Secretary Brunner issued clear pre-election directives as part of her efforts to defend Ohio’s provisional ballot statutes in a federal court case. Those directives were subsequently incorporated into a federal court order. Nevertheless, the Ohio Supreme Court ruled against counting these provisional ballots.”
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Media Contacts:
Jeff Ortega, Assistant Director of Communications, Media, 614-466-0473
Kevin Kidder, Media Relations Coordinator, 614-995-2168
The 27,000 provisional ballots held up by this litigation are very likely to trend Dem and thus favor candidate Mary Jo Kilroy in OH-15 (even without the rejected 1,000 ballots).