Federal judge supports injunction against reduced early voting rules

September 5, 2012

United States District Court for the Southern District of Ohio: Judge Peter Economus has ruled in favor of President Barack Obama's campaign and other groups challenging Ohio's new early voting laws. Beginning the ruling with a quote from the case Dunn v. Blumstein that reads, "a citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction," the judge pointed out that the plaintiffs were correct in questioning the constitutional merits of Ohio's proposed laws.

At issue was the Secretary of State's new deadline for early voting. Instead of having the ability to cast a vote through the Monday before the election, as was allowed in previous years, Ohio voters would only have until Friday, November 2 at 6pm. The Secretary of State insists this is necessary, since early voting puts a "heavy burden on election officials." However, in Judge Economus' ruling, he found that the defense had not proved this. Furthermore, by allowing early voting through Monday for some through the Uniformed and Overseas Citizens Absentee Voter Act, equal protection for ordinary Ohioans was violated.

Because of the injunction, the Secretary of State must appeal the ruling to pursue the challenge to his proposed new laws. He has announced his intention to do so. In response to the ruling, the Secretary of State released this statement: Directive 2012-40, September 4, 2012.

To read the full ruling from Judge Economus, visit: LegalTimes, Obama for America et al. v. Jon Husted et al.