Federal Appeals Court Permits Voter Delays and Challenges by Party Operatives In Ohio
Based on AP wire service reports of Nov 2, 2004
Overturning the orders of two federal judges, a three-judge panel of the 6th U.S. Circuit Court of Appeals ruled 2-1 early today that the presence of Election Day challengers was allowed under state law. It granted emergency stays that allow Republicans and Democrats one challenger per precinct each.
Plaintiffs' appeals to the U.S. Supreme Court were unsuccessful. Early today, Justice John Paul Stevens, who handles appeals from Ohio, refused a request to stay the 6th Circuit decision.
Republicans say they wanted challengers in many polling places because of concerns about fraud. Democrats have accused the GOP of trying to suppress Democratic turnout. Hundreds of thousands of voters have been newly registered in a state President Bush and Sen. John Kerry both say they need to win.
6th Circuit Judge John M. Rogers wrote for the majority that while it's in the public interest that registered voters cast ballots freely, there is also "strong public interest in permitting legitimate statutory processes to operate to preclude voting by those who are not entitled to vote." Smooth and effective administration of the voting laws means that the rules can't be changed hours before the election, they said. Judge James L. Ryan also wrote a concurring opinion.
The dissent by Judge R. Guy Cole said Ohioans have the right to vote without the "threat of suppression, intimidation or chaos sown by partisan political operatives," and if voting rights are pitted against the possibility of fraud, the court must err on the side of voters.
© 2004 Associate Press
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