v.

J. KENNETH BLACKWELL, in his official capacity as Secretary of State, and BARBARA RILEY, in her official capacity as Director of the Department of Job and Family Services, Defendants.

Introduction

1. This action seeks declaratory and injunctive relief to redress defendants' ongoing disregard of their obligations under Section 7 of the National Voter Registration Act of 1993 (the "NVRA"), 42 U.S.C. § 1973gg-5. Section 7 of the NVRA mandates that all offices in a state that provide public assistance must distribute voter registration application forms, assist applicants in completing the forms, and accept completed voter registration application forms. Section 7 further requires all public assistance offices to distribute voter registration materials
with each application, recertification, renewal or change of address relating to an applicant's receipt of public assistance. Pursuant to the federal law, the public assistance agencies must also inquire of every applicant, in writing, whether he or she would like to register to vote or change his or her voter registration address and explain to every applicant that the decision whether to register to vote will not affect the applicant's eligibility for benefits or the amount of benefits available.

2. The requirements of Section 7 reflect Congress's objective to increase the number of eligible citizens who register to vote in federal elections, and to ensure the registration of "the poor and persons with disabilities who do not have driver's licenses and will not come into contact with the other principal place to register under this Act [motor vehicle agencies]." 42 U.S.C. § 1973gg(b)(1); NVRA Conference Report (H.Rept. 103-66).

3. Defendant Blackwell, who as Secretary of State and "chief elections official" is responsible for ensuring Ohio's compliance with the NVRA's requirements, including Section 7, has not fulfilled his responsibilities for implementing voter registration opportunities in the state's Department of Job and Family Services ("DJFS"). Defendant Riley, as Director of DJFS -- the state agency responsible for administration of most public assistance programs in Ohio covered by the NVRA -- also has failed to ensure implementation of programs and procedures to make voter registration available in agency offices, as mandated by Section 7.

4. As a result of these ongoing violations, thousands of Ohio's low-income citizens who receive public assistance, including plaintiffs Carrie Harkless and Tameca Mardis, have not been offered the opportunity to register to vote or to change their voter address upon moving to a new residence. ACORN and its members have expended substantial time and resources in an effort to make voter registration available to these low-income citizens -- which would have been unnecessary had defendants complied with the law -- but thousands of eligible voters remain unregistered and effectively disenfranchised as a result of defendants' actions and inaction.