Judge Orders Early Voting the Weekend Before the General Election

A federal judge sided with Democrats on Wednesday, ordering Ohio Secretary of State Jon Husted to restore early, in-person voting on the three days before Election Day.

Husted released a statement saying he will follow the court order.

Earlier this year, Husted directed boards of election in all 88 counties to hold the same early, in-person voting hours during 2014 elections. The schedule aimed to set uniform hours across the state but did not include any Sundays, a hit to black churches that organize “Souls to the Polls” events.

In May, the Democratic National Committee and Ohio Democratic Party asked the U.S. Southern District Court to make permanent a 2012 ruling that county boards of election must allow early, in-person voting on the Saturday, Sunday and Monday before Election Day.

The summary judgment issued Wednesday by U.S. District Court Judge Peter C. Economus orders Husted to set business hours for the three days prior to Election Day “to preserve the right of all Ohio voters to cast his or her vote with said hours to be uniform throughout the State and suitable to the needs of the particular election in question.”

The Obama Campaign sued Husted and the state of Ohio in 2012, alleging the change violated Ohioans rights to participate equally in elections. The courts sided with the plaintiffs, concluding it was wrong to treat some voters (non-military) different than others (military). The Ohio Supreme Court rejected a request for an emergency stay, and Husted released new hours including the weekend voting days.

The 2012 case remained open and Wednesday’s summary judgment makes the ruling permanent. The decision does not change cuts made earlier this year on the front end of Ohio’s early voting period.

Ohio Democratic Party Chairman Chris Redfern, also a state representative from Catawba Island, said the ruling shows how important the last three days of early voting are to ensure equal access to the ballot.

Husted said he preferred state lawmakers set hours, but when it became clear they wouldn’t reach a bipartisan agreement to do so, he established hours recommended by the bipartisan Ohio Association of Elections Officials.

Husted said Wednesday he was pleased the court confirmed his position that all voters, no matter where they live, should have the same opportunity to vote.

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