U.S. District Court in Ohio Rules that Some Provisional Ballots Must be Counted; Decision Depends on Bush v Gore

On January 12, U.S. District Court Judge Susan Dlott ruled that Hamilton County Board of Elections must count 149 provisional ballots that were cast in November 2010. The case is Hunter v Hamilton County Board of Elections, southern district, 1:10cv820. Counting these votes will determine who won a very close election for Juvenile Court Judge, but of course if the votes are counted, that will increase the vote totals for all candidates in all races in the November 2010 election. Here is the 10-page order.

Generally, provisional ballots in Ohio that were cast in the wrong precinct cannot be counted. But in this instance, the evidence establishes that the voters appeared at the correct physical location to vote. There were several precincts contained within one physical space. Polling place officials mistakenly sent some voters to the wrong polling stations within that physical space. The federal court order says that because Hamilton County had already decided to count some other provisional ballots in which the voter was not at fault, therefore the County must count all such provisional ballots in which the voter was not at fault. The U.S. Supreme Court decision of December 12, 2000, in Bush v Gore, is the basis for the order, because Bush v Gore ruled that the U.S. Constitution requires that all voters be treated equally.

This case is dramatic, because the outgoing Secretary of State had directed that these ballots be counted, but the incoming new Secretary of State had reversed that directive. Also the State Supreme Court had ruled previously that such ballots should not be counted. See this story. Thanks to Carter Momberger for the link.


Comments

U.S. District Court in Ohio Rules that Some Provisional Ballots Must be Counted; Decision Depends on Bush v Gore — No Comments

  1. Provisional ballots = one more leftwing scheme — resulting in more screwed up votes — as in the OH case.

    Since when is it SOOOOO difficult to be registered BEFORE an election day in the correct precinct ???

    ALL mail ballots — see Oregon.

    How many Oregon Electors do NOT get their ballots via the postal snail before Election Day — i.e. mailed to the wrong address ???

    Where do HOME-less folks *reside* ??? Address please.

    Exactly how suicidal are the top Donkey control freaks — trying to take down all of civilization with their schemes ???

  2. Ohio tends to have very small precincts, which then end up sharing polling places because they have no available buildings for polling places. They also use ballot rotation on a per-precinct basis. In 2004, they mixed up some punch card ballots between precincts that shared a polling place. Since punch cards have no candidate information, it is impossible to tell if a punch in the 3rd position was for the 3rd candidate in Precinct X or the 3rd candidate in President Y, if the ballots get mixed up.

  3. The OH MORONS are NOT capable of having color coded precincts —
    white, black and all other colors in between — or even perhaps mere letters and/or numbers ??? — with perhaps some crime scene tape between precincts — and/or movable electric fences to shock folks ??? — or even perhaps use those armies of white/orange road cones — on temporary election duty.

    Are Army / Jury rejects now used these days as election workers ???

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