Ohio Voters ask Court to Prevent Unconstitutional Rejection of Thousands of Provisional Ballots

A coalition of labor organizations, on behalf of the tens of thousands of Ohio voters they represent, today asked a federal court in Columbus, Ohio, to issue an injunction holding that the Ohio law that requires the rejection of thousands of provisional ballots every election for reasons attributable to poll worker error unconstitutionally denies Ohio voters their fundamental right to have their votes counted.

The lawsuit, Service Employees International Union (SEIU) Local One et. al v. Husted, contends that Ohio’s provisional ballot law violates the Equal Protection and Substantive Due Process Clauses of the Fourteenth Amendment to the United States Constitution, and asks the court to require the State of Ohio and the 88 County Boards of Elections to count rather than reject provisional ballots cast by lawfully registered voters in the upcoming November 2012 general election.

Plaintiffs contend that the United States Constitution protects the fundamental right to vote from being denied by poll worker error.  There is no legitimate reason that Ohio should be permitted to reject ballots cast by lawful voters for technicalities and because of poll worker mistakes ... more