Good News from Ohio ... an EDV is in charge .... Jenny Brunner

[Botany]

For all those out there worried about a clean vote in 2008 and no repeat
of 2004 I have good news and her name is Jennifer Brunner, our Sec. of
State who took over and is cleaning up Kenny Blackwell's mess. I read a
story about "the old guard" trying to purge voter rolls by cage lists
and sent Jennufer an e-mail about the problem and this what she sent me back.

Hi Tom,

Hope you are well. Of course I remember you. We just issued a directive yesterday that is designed to combat the harmful effects of the legislation (which, by the way, sunsets at the end of this year), that requires the nonforwardable mailing of the 60-day notice. The directive prohibits the cancellation of voter registrations on the sole basis of a returned 60-day notice and requires a hearing to be held before the election. I will be asking the legislature to make changes to this law. Here’s the directive, though. Take care.

Jennifer

Part of the PDF file she sent me

TO: ALL COUNTY BOARDS OF ELECTIONS MEMBERS, DIRECTORS, AND DEPUTY DIRECTORS RE: Required Procedures in Administering Voter Challenge Statutes, R.C. 3503.24 and 3505·19 The intent of this directive is to prescribe procedures that will limit boards of elections' potential exposure to significant awards of damages and attorneys' fees in suits brought by Ohio voters whose voter registrations have been canceled based on application of Ohio's voter challenge statutes in a manner that conflicts with federal statutory and constitutional law. The Secretary of State issues this directive to harmonize the provisions of R.C. 3503.24 and 3505.19 with the National Voter Registration Act ("NVRA") and the United States Constitution to ensure that boards of elections do not unconstitutionally cancel a voter's registration without the due process guarantees in the United States Constitution and federal law. The office of the Secretary of State has concluded, based on comprehensive legal research and analysis of Ohio's voter challenge statutes and controlling federal law, that R.C. 3503.24 and 3505.19, if applied in conflict with requirements of federal law, ,,;11 place boards of elections in a legally vulnerable position. The Ohio challenge statutes authorize, under certain circumstances, the cancellation of an Ohioan's voter registration without first providing the voter due process protections of adequate notice and opportunity to demonstrate that the challenge to his or her status as a qualified registered elector should be denied, and that his or her registration should not be canceled. The procedures established in this directive include the requirement that, where a challenge is submitted pursuant to R.C. 3503,24 and 3505.19 asserting that a registered elector is not qualified to vote, a hearing must be held before the next election as a requisite for the board canceling the challenged voter's registration, which may l'eslLit in disenfranchisement ofthat votel' fOI' that election. This directive will: • Provide procedures for boards of elections to follow in administering voter challenges prior to Election Day to ensure that boards do not unconstitutionally deprive a voter of his or her constitutional rights and to avoid costly litigation. • Explain the current status of Ohio law regarding voter challenges before Election Day. • Explain how certain prov;sions in Ohio law may conOict with federal law and the United States Constitution regarding canceling a voter's registration \\;thout due process based on a voter challenge before Election Day.



P.S. She is also suing Diebold too.

"My lawsuit against Diebold still stands, and we'll keep pursuing it."

:bounce:

[SharonRB]

1. I love Jennifer Brunner

and I don't even know her.

:loveya: Jennifer!

[Botany]

2. She is one of the good ones

She won the JFK profiles in courage Award for running tests showing that
ERD voting machines all were flawed and that in Ohio you can get a paper
ballot. She has fired or urged many BOE people around the state "it might be
a good time for you to leave" if they would not get w/ her program.

BTW she knows that 2004 in Ohio was way dirty but she also knows that for
her to call it out would keep her from cleaning up the state.

[RevCheesehead]

3. My personal theory is that they'll target Michigan this year.

I'm glad things are back on track in Ohio - you guys certainly deserve better that what you had last time.