Friday's decision restored early voting the weekend and Monday before the election. In 2008, more than 93,000 Ohio voters cast ballots during this time. It is being called a win for Obama's campaign.
Last week, a three-judge court restored the weekend early voting in parts of Florida that are subject to the Voting Rights Act. Another judge in Florida voided part of a state law that would have prevented groups from registering new voters. A Texas law was struck down by a federal judge as well including a strict photo ID requirement and election districts that undercut the voting power of Latinos and blacks.
Voting-rights advocates are pretty pleased as they should be:
"It shows judges take very seriously the right to vote as fundamental in a democracy. And when politicians manipulate the rules for political purposes, their rules are not entitled to the normal deference," said Penda Hair, a veteran civil rights lawyer for the Advancement Project.Naturally, this time of year election lawyers and civil rights advocates have been warring with one another over the new rules many states have come up with on casting ballots and counting votes. Florida and Ohio have adopted early voting after previous elections resulted in long lines at the polling places. The African American turnout the weekend before the election contributed to the narrow victories Obama had in both states in 2008.
Conservative legislatures reduced early voting in Ohio. Ohio Secretary of State Jon Husted, a former Republican leader in the state House, claimed the early voting on weekdays is the only "uniform, fair" rule for all 88 counties. Later he said military voters and their families could cast ballots on the weekend.
The Obama campaign sued claiming all voters should have equal rights to vote early and in person on the three days before the election day...weird, that sounds fair.
U.S. District Judge Peter Economus agreed Friday. "Restoring in-person early voting to all Ohio voters through the Monday before election day returns to voters the same opportunity to vote as previously conferred under Ohio law," he said. Military families will benefit as well because they will be certain the polls in their area will be open, he said.Naturally, Ohio is going to appeal the ruling:
Ohio Atty. Gen. Mike DeWine said he would appeal to the U.S. 6th Circuit Court of Appeals, based in Cincinnati. If his appeal is turned down, he could ask the Supreme Court to intervene.Earlier this week, a different federal judge blocked an election rule in Ohio that caused 14,000 ballots to be thrown out in 2008. Ohio claimed that votes cast in the wrong precincts had to be discarded, even if the voter went to the correct polling place and was then sent to the wrong spot. The judge noted a single polling place can serve several precincts.
Both of these judges were appointees of President Clinton. The judge in Texas was appointed by President G.W. Bush.
This comes after a pretty big loss in Pennsylvania when a state judge upheld the state's photo ID law. Pennsylvania's Supreme Court is considering an appeal.