Reps. Clyde and Reece Urge Sec. Husted Not to Appeal Court Order to Count Votes

State Rep. Kathleen Clyde (D-Kent) and State Rep. Alicia Reece (D-Cincinnati) are calling on Ohio Secretary of State Jon Husted to accept a federal court order to stop needlessly throwing out provisional ballots and disenfranchising voters.

“This court order is a simple solution to a shameful problem.  If followed, thousands of Ohioans will have their vote counted this fall instead of having it thrown out, tossed on a heap of rejected provisional ballots,” Rep. Clyde said.

Reece and Clyde sent a letter to Husted explaining that Ohio is among the leading states for disenfranchising voters with provisional ballots and that there is a huge disparity in counting votes from county to county.  Voters in larger counties with higher percentages of African-American voters saw higher rates of ballot rejection in 2008.

“Often the problem is the poll worker has made an error, or it is as simple as a voter is confused by being in the right polling location, but at the wrong table. These votes were cast provisionally and often went uncounted.  Finally, Ohio will start using common sense in counting votes,” Rep. Reece said.

Husted has sued multiple times to stop the courts from ordering that these provisional votes are counted. There is a provisional ballot crisis in Ohio and the federal court has ordered a solution that is easy to implement.

Secretary Husted and Republican lawmakers have for years resisted Democrats’ efforts to fix this problem legislatively.  They instead acted to make the problem worse by advocating for and passing legislation that would have created more reasons to throw out provisional ballots and let poll workers abandon their duty to direct voters to the correct precinct. 

See the letter below: 

Secretary of State Jon Husted
180 E. Broad Street, 16th floor
Columbus, Ohio 43215

Dear Secretary Husted, 

Yesterday, a federal court judge again ruled that Ohio’s provisional ballot counting process is unconstitutional and has ordered you to require Boards of Election not to let poll worker error stand in the way of counting valid votes.  We write to ask that you not waste taxpayer dollars appealing this common-sense ruling. This ruling will bring real fairness and uniformity to provisional vote counting.

The federal court is finally addressing a serious problem with Ohio elections.  In 2008, Ohio threw out 39,989 provisional ballots.  According to data from your website and the U.S. Election Assistance Commission, Ohio ranked in the top seven states in the country for rejected provisional ballots compared with total ballots cast.  In 2008, one in every 145 ballots cast in Ohio was thrown out due to provisional ballot problems.  This must end.

Worse, the chance that your ballot is thrown out for a provisional ballot problem is higher in counties with larger African-American populations.   The numbers don’t lie. In 2008 in Cuyahoga County, 1 of every 91 ballots was thrown out for provisional ballot problems, whereas in Pike County, only 1 in 1,285 was rejected for the same reason.  In Franklin County, 1 in 110 ballots were rejected for provisional ballot problems, three times higher than the rate of Delaware County where 1 in 333 ballots were rejected.  In Hamilton County, 1 of every 109 ballots were rejected, twice the rate of Warren County where 1 in 209 ballots were rejected for provisional ballot problems.  That is not uniform.  This ruling will reduce this disparity. 

You recently announced that voters can now change their address online by the registration deadline of October 9, 2012.  While that is a step in the right direction, voters will still show up on Election Day needing to change their address as Ohio law allows.  We will still have tens of thousands of provisional ballots cast as in past elections. 

The court has decided that Ohio must sew up the gaping hole in our voting safety net.  We urge you to accept the court’s decision, not to appeal it, and to start implementing the fair and common-sense solution that will enable all eligible voters to have their voices heard in Ohio’s elections.  The presidential election is only a few months away, so this is no time for uncertainty.  You have the opportunity to preside over the most successful election in recent history if you stop fighting the counting of votes. 


Kathleen Clyde
State Representative                                                              
House District 68

Alicia Reece
State Representative
House District 33




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