Posted on 10/23/2004 5:01:34 PM PDT by COEXERJ145
CINCINNATI - A federal appeals court on Saturday reversed a lower court's ruling that Ohio voters could cast provisional ballots on Election Day anywhere in the county in which they are registered.
The 6th U.S. Circuit Court of Appeals ruled that a provisional ballot cast outside a voter's home precinct isn't valid, agreeing with Ohio Secretary of State Kenneth Blackwell. Federal law allows people to get provisional ballots if they are in the right jurisdiction. Blackwell, a Republican, defines that as a precinct, while Democrats say it's the voter's county.
(Excerpt) Read more at story.news.yahoo.com ...
It's only binding on states in the Sixth Circuit, but in addition to Ohio they include Michigan, Tennessee and Kentucky.
You'd have to read the opinion itself to know whether the decision is based on something specific in Ohio state law that is different in Michigan, for example.
This is excellent news...
I think that is inevitable. The Dem bench here is not deep. I suspect Fingerhut will make a run, but Blackwell is earning his stripes this year. A solid black conservative.
Quite honestly, I can't think of any constitutional argument why people couldn't vote for president is several states, if the satate laws allowed it.
Surprise, surprise-there are some level heads out there. Good On Ya Blackwell for not backing down
Our next Governor Ken Blackwell comes through again!
YES!!! We really need these rulings that follow the rule of law.
Eat kaka DNG thugs and cheaters!
Thanks Lord! Go GWB!!!!!
One interesting thing is that in the same time this thread has gotten over 50 comments, DU has two threads on the subject with zero comments. In fact there has been only about 10 comments on their whole site during this time. It would seem FR is about 50 times more active than DU.
Kudos to Ohio's next Governor!
Blackwell in '06!
The district judge (Carr) had followed up with a very nasty ruling telling off Ken Blackwell for having adopted precinct pollworker instructions subsequent to his decision that didn't follow his very pro-Dem opinion from the bench, so the Judge wrote his own instructions and told Blackwell to follow them or face his wrath. Well, so much for JUDGE CARR and his "INSTRUCTUONS"!
That's not so bizarre. In California during the late 60s the CA Supreme Court threw out the state residency requirement for attending the University as an in-state resident upholding the plaintiffs' claim that they 'thought' of themselves as Californians while they lived in NY, OH, or wherever and therefore they were already residents when they arrived in CA to go to school. I don't know where the law stands now, but that was one of the more bizarre rulings that came out of the hippie era.
I respectfully disagree, the serious money (and I mean that in the real sense) is on AG and the Auditor. Blackwell is considered a bit of loose screw. He is doing one hell of a job in this election and maybe that will get him over the hump with the money people.
BTW the reason th D's want the any precinct ruling is so they can bus the faithful anywhere in County and vote. Many of the newly registered are, to put it kindly, unreliable and not too bright. They don't know where to vote, but if give a 10 and a bus ride will gladly pull the lever. Now the D's have a logistic nightmare for the busing scheme.
It should be binding in all states in this circuit (the 6th I believe - includes Mich)
Blackwell is on top of this stuff. The Dems won't be able to steal OH. They will have to win it fair and square.
I read this thing 3 times before I could believe it.
And what does that say about the state of our nation, that we are so relieved (and surprised), when a court makes the right decision? Gawd, I hope we survive what the democrats have in store for this election? And I sure hope our side is ready for this.
Not necessarily. It depends on the decision.
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