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Redistricting Change Failed: Ohio Issue 2 (2012)

Election Law Society · October 20, 2014 ·

By Christopher Keslar

In the 2012 elections, a Redistricting Amendment to the Ohio Constitution was put on the ballot. Known as Issue 2, the amendment would have created a commission of twelve citizens to draw legislative and congressional maps. The amendment was defeated at the ballot box by a resounding 63% against and 37% for the amendment. To many, partisan redistricting is only a polite way of saying gerrymandering, and this very process of the state legislature choosing who will essentially elect them is provided for in the Ohio Constitution. In fact, the Secretary of State of Ohio, John Husted, wrote in the Washington Post this February, “[I]f government is to be more responsive, it is not the people but the Ohio Constitution that needs to change.” However, it may very well be the case that John Husted was the reason for Issue 2 failing at the ballot box. [Read more…] about Redistricting Change Failed: Ohio Issue 2 (2012)

The Battleground 2012: A Conversation with Former Ohio Secretary of State Jennifer Brunner

Election Law Society · November 5, 2012 ·

by Allison Handler

Editor’s Note: This article was originally published on October 8, 2012.

Jennifer Brunner was elected in 2006 and served a term as Ohio’s first female Secretary of State. During that time, she oversaw the contentious 2008 presidential election and implemented voting practices that allowed a record turnout of voters to cast their ballots. In 2010, she ran in the primary election for the United States Senate. She currently practices law in Columbus and is the author of a new book, “Cupcakes and Courage”. [Read more…] about The Battleground 2012: A Conversation with Former Ohio Secretary of State Jennifer Brunner

The Battleground 2012: Who Gets to Vote When? Ohio Election Rules Have a Smaller Effect at the Local Level

Election Law Society · November 5, 2012 ·

by Elizabeth Herron

In a swing state like Ohio, who gets to vote and when is critical. This is evidenced by the recent controversy in the state about early voting restrictions. The disagreement has two main issues – special accommodations for members of the military, and the elimination of early voting three days before Election Day. These two issues are connected, as members of the military and civilians overseas would technically have been allowed to vote during the three day period United States-based Ohioans would be barred from early voting.

Proponents of the early voting restrictions claim that they are necessary in order to provide election officials time to update voting records and prevent voter fraud.  Opponents argue that they are arbitrary and disproportionately affect low-income and minority voters. This issue caught national media attention when the Obama and Romney campaigns took oppositional positions on the matter. An Ohio District Court judge found the restrictions a violation of the equal protection clause. Ohio Attorney General Mike Dewine quickly announced his decision to appeal the matter to the Sixth Circuit Court of Appeals, which sided with the lower court. The Supreme Court declined to block early voting. This issue has ended for now, though others press on. [Read more…] about The Battleground 2012: Who Gets to Vote When? Ohio Election Rules Have a Smaller Effect at the Local Level

Changes Afoot in Ohio: A Conversation with Jennifer Brunner

Election Law Society · October 8, 2012 ·

By Allison Handler

Jennifer Brunner was elected in 2006 and served a term as Ohio’s first female Secretary of State. During that time, she oversaw the contentious 2008 presidential election and implemented voting practices that allowed a record turnout of voters to cast their ballots. In 2010, she ran in the primary election for the United States Senate. She currently practices law in Columbus and is the author of a new book, “Cupcakes and Courage”.

Ohio is facing several voting-related challenges this election cycle, from early voting to provisional ballot disputes. What are some other election practices that worry you?

Jon Husted recently issued a directive that if someone fills in the wrong information on an absentee ballot, the only way the voter can be reached regarding the mistake is through a letter in the mail. Even if the voter gets notice of the mistake in time to correct it before the election, they can only make the correction by filling out a specific form.

The priority instead should be to make sure everyone’s vote counts. What if there is a mistake then made on the form? Of course it is important to get the correct information. But there are so many pitfalls to correcting mistakes by mail with tight deadlines. And now the only way to notify voters of mistakes is by mail, so there will likely be many mistakes that may not be corrected and may prevent votes from being counted. Husted would have been better doing nothing than issuing that directive. [Read more…] about Changes Afoot in Ohio: A Conversation with Jennifer Brunner

News Brief: A Fox in the Henhouse

Election Law Society · February 29, 2012 ·

by Allison Handler

Though Ohio’s U.S. House district lines have been approved since September, it was not until February 17th that the Ohio Supreme Court ruled that those lines would remain in place for the 2012 elections. Much controversy has surrounded the lines, with claims from Democrats that the redistricting map was gerrymandered to favor the GOP. John Husted, Ohio Secretary of State, has called the state’s line-drawing system “partisan and dysfunctional.” Nevertheless, the Supreme Court based its ruling on timing; the Democrats “unreasonably delayed” the filing of their suit until 96 days after the districts had already been approved.

The redistricting scheme has famously left two veteran liberal incumbents running against each other: Marcy Kaptur and Dennis Kucinich. In addition to this high profile contest, the Ohio Campaign for Accountable Redistricting said the new map, developed last year when Republicans controlled four of the five seats of the Apportionment Board, reduces the number of competitive legislative districts and increases the number of safe Republican districts.

With primary elections only two weeks away, a Supreme Court ruling in favor of the Democrats would have required postponed elections. Logistically, the doubt cast over the redistricting lines has led to some insecurity among candidates regarding where exactly they should be campaigning. Such controversies will be put aside for the upcoming primary, but the Supreme Court has agreed to evaluate the district map again for future elections. The lawsuit charged that GOP line drawing violated Article 11 of the state constitution, which requires that the districts be compact and contiguous and that local units of government not be split unnecessarily. The map divides 51 counties, 108 townships, 55 cities and 41 wards for a total of 255 divisions, according to the lawsuit.

The experience has prompted several advocacy organizations, like the League of Women Voters of Ohio and Common Cause Ohio, to band together in coalition to improve the way Ohio draws its districts. Known as Voters First Ohio, the group aims to create, by ballot drive, the Ohio Independent Redistricting Commission. The Commission would be charged with drawing lines for the 2014 election. This plan is meant to assuage some of the damage done by the 2011 redistricting in time to affect elections prior to 2021, when the state will undergo redistricting again after the next census.

“The [2011] plan was secretly drawn, the public hearings were a sham and it’s very clear that the sole goal was to maximize partisan advantage,” said Ohio State University Moritz College of Law Professor Daniel Tokaji, one of the leaders of the coalition. “It was the exact opposite of a fair process — you’d be hard-pressed to find a place where the process or end product was uglier than Ohio.”

Allison Handler is a first-year law student at William & Mary.

permalink:http://stateofelections.pages.wm.edu/2012/02/29/newsbrief-oh-redistricting

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