The Fight Before The Fight

Since this election is expected to be so close, it’s important to take a look at some of the ballot disputes already going on. There are litigations currently being waged in Colorado, Florida, Ohio, Michigan, Missouri, and Pennsylvania. Here’s a snapshot.

On Wednesday, a District Court Judge in Cincinnati issued an order preventing election boards in Ohio from notifying challenged voters until arguments could be heard. This had the practical effect of ending Republican efforts to challenge the eligibility of about 35 thousand voters. Kerry leads Bush by 6 percentage points in Ohio according to polls available from The L.A. Times.

In Colorado, the Republicans also plan to have poll watchers challenge the credentials of likely voters. Although they promise that these challenges would not be confrontational or disruptive to the voting process, it is hard to believe. Since I have been voting, I have never seen anyone challenged or have their way obstructed to the voting booth. It seems to me that ANY interference would be confrontational. Polls show Kerry and Bush tied according to The L.A. Times.

Provisional voting is also being litigated. Now, after the 2000 fiasco, all states are required to allow people to vote even though their names are not on the voting rolls at their polling places. After their ballots are certified, then they are counted. This is usually done after voting day because of the tedious nature of the review. In Michigan and Ohio, the 6th Circuit Court of Appeals has ruled that people can only cast these ballots in their precincts. Many other states, including California, allow people to cast provisional ballots wherever they are, even if they are not in the state. An Iowan state court is currently reviewing this issue to determine whether Iowans will also have the same option.

Stay on top of the ongoing litigations at The Moritz College of Law at The Ohio State University.

It may get down and dirty people. Be ready.

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