Decision in Ohio: Purged Voters Will Be Counted in Election

Decision in Ohio: Purged Voters Will Be Counted in Election

October 19, 2016
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This matter is before the Court on Defendant’s Motion to Implement Remedy (Doc. 72) and Plaintiffs’ Motion for Temporary Restraining Order and Motion for an Order to Show Cause (Doc. 74). The Court ordered expedited briefing on the Motions and they are now ripe for review.1 After careful review of the parties’ arguments, the Court GRANTS IN PART and DENIES IN PART both Defendant’s Motion to Implement Remedy and Plaintiffs’ Motion for Temporary Restraining Order.[...]

For purposes of the November 8, 2016 General Election, a provisional ballot cast during the in- person absentee voting period or on Election day by a voter who is not registered to vote in the State of Ohio may be counted if all of the following apply (the “APRI Exception”):

1. The individual’s voter registration was cancelled in 2011, 2013, or 2015 (confirmation card mailed in 2007, 2009, or 2011) pursuant to the Supplemental Process;

2. The voter’s provisional ballot affirmation reflects an address within that precinct and the voter was previously registered to vote within that same county prior to cancellation;

3. The board of elections does not have information that the voter was deceased, incarcerated on a felony conviction, or adjudicated as incompetent under Ohio law by a county probate court after the individual’s registration record was cancelled; and,

4. The voter’s provisional ballot affirmation form and the ballot otherwise comply with all applicable laws and directives.[...]

 

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