[EL] Info requested by Rick Hasen on Michigan and Ohio

[Trevor Potter]

Rick wrote:

"For example, as I've chronicled <https://remoteapps.capdale.com/exchweb/bin/redir.asp?URL=http://electionlawblog.org/archives/011528.html> , the Republican Party in Ohio is seeking to shut down <https://remoteapps.capdale.com/exchweb/bin/redir.asp?URL=http://moritzlaw.osu.edu/blogs/tokaji/mandamus_filed%2520091208.pdf>  an effort to allow first time voters to vote absentee at the same time they register to vote during a five day period at the end of this month, despite the fact that the law (passed by the Republican legislature) allows this procedure. And Trevor Potter, in an effort to refute claims <https://remoteapps.capdale.com/exchweb/bin/redir.asp?URL=http://electionlawblog.org/archives/011518.html>  that a local party in Michigan was going to target for vote challenges voters whose homes had been foreclosed, forwarded to the election law listserv a statement <https://remoteapps.capdale.com/exchweb/bin/redir.asp?URL=http://mailman.lls.edu/pipermail/election-law/2008-September/016522.html>  from the McComb county chairman. The statement not only denied such an effort would take place, but it included the following unsubstantiated charge: "in 2004, at least 46 long-deceased voters managed to rise from their graves and vote in heavy Democrat-leaning precincts. That's the kind of ballot integrity Democrats favor in Michigan." Not a word from Trevor distancing himself from this language."

I'm sorry to take a few days to respond--I've been travelling for a busy few days! Here is the data on the issues Rick refers to:

1.) The Michigan GOP official was citing to a 2007 Michigan Supreme Court opinion, In re REQUEST FOR ADVISORY OPINION REGARDING CONSTITUTIONALITY OF 2005 PA 71, 740 N.W.2d 444 (Mich. 2007).  The relevant passage is in Supreme Court's  footnote 110:

Interestingly, amicus curiae supporting the constitutionality of the statute have presented certified death certificates of 46 persons who "voted" in the November 2004 election, despite the ordinarily indisposing condition of being dead at the time. All these persons died well in advance of the election, with dates of death ranging from 16 months to more than 12 years prior to the November 2004 election. A surprising number of these deceased "voters" apparently voted at their precinct.



2.) On Ohio, Rick says that " the law (passed by the Republican legislature) allows this procedure." The lawsuit filed in Ohio challenging the Secretary of State's directive which created same day voting specifically alleges that this procedure is CONTRARY to Ohio law. The law Rick refers to established "no excuse" absentee voting. However, the legislature made no change to the statutory requirement that persons requesting absentee ballots be "qualified electors" (defined in Ohio law as persons registered to vote for at least 30 days). This would appear to rule out persons registering and requesting an absentee ballot in the same moment, as the Secretary of State directs. The statutorily required 30 days between registering and requesting an absentee ballot allows the normal registration review process to proceed, including ensuring that the voter is not already registered elsewhere. I have attached a copy of the lawsuit filed by Ohio plaintiffs to this email, in case anyone wants to looks at their arguments.



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