A lawsuit filed on Oct. 23 asks the Hamilton County Court of Appeals to compel the Hamilton County Board of Elections to scrub UrbanCincy.com owner Randy Simes off the local voter rolls.
The lawsuit was filed less than two weeks after the board of elections ruled that Simes is eligible to vote in Cincinnati.
The case has been mired in politics since it was
first filed to the board of elections. Simes’ supporters claim the legal actions are meant to suppress Simes’ support for the streetcar project and Vice Mayor Roxanne Qualls’ mayoral campaign. Proponents of the lawsuit argue they’re just trying to uphold the integrity of voting.
Hartman is spearheading the lawsuit. He regularly represents the Coalition Opposed to
Additional Spending and Taxes (COAST), a conservative group that opposes the streetcar project and Qualls.
The lawsuit claims Simes isn’t legally able to vote in
Cincinnati because he currently resides in South Korea and lived in Chicago
prior to the move overseas.
Ohio election law requires a place of residency to vote, but someone can remain on the voter rolls if he or she intends to return to the city or state while in another part of the country or overseas.
Simes’ supporters, who the board of elections sided with
on Oct. 14, claim Simes has every intention of returning to Cincinnati
when he’s done with his work in South Korea. Simes’ contract
with his employer, Parsons Brinckerhoff, states he’ll return to
Cincinnati in two years.
Until then, Simes is registered to vote at a condominium owned by his friend and business colleague, Travis Estell.
According to Estell’s testimony to the board of election, Simes kept a key and sometimes stayed for a week when he came and went from the residence throughout the spring and summer. Simes also has credit card and bank mail sent to the address, and he attempted to change his registered driver’s license address to match the residence, Estell said.
But Hartman says the evidence, which was gathered largely through Simes’ social media activities, shows Simes was a visitor, not a resident. He cites Estell’s testimony that Simes lived out of a suitcase and didn’t pay rent when he stayed in Cincinnati.
Tim Burke, chairman of the board of elections and Hamilton County Democratic Party, says there’s a reason three out of four members of the board, including one Republican, agreed Simes should remain on the voter rolls.
“The facts that were presented didn’t rise to the legal standard of clear and convincing evidence to justify depriving the voter of his right to vote,” Burke says.
Burke likens the arrangement to a Procter & Gamble employee who spends a year or two overseas but still keeps the right to vote in Cincinnati. Burke says someone could even sell his home in Cincinnati and keep his right to vote from the sold residence.
Hartman says the comparison doesn’t work because a Procter & Gamble employee would live in and keep ties to Cincinnati prior to moving overseas. He claims Simes’ decision to register to vote from Chicago in 2012 effectively broke his electoral ties with Cincinnati and Ohio.
But the argument could be rendered moot. Burke, who is named as one of the defendants in the lawsuit, says the legal challenge might not make it to court because two different people filed the lawsuit to the court of appeals and complaint to the board of elections. That could render the lawsuit procedurally defective and lead to a dismissal, according to Burke.
The lawsuit currently has no scheduled hearing or judge, but Hartman says he hopes to expedite hearings in time for the Nov. 5 election.
The American Civil Liberties Union of Ohio says it opposes Senate Bill 238, which would reduce Ohio’s in-person early voting period from 35 to 29 days and repeal a five-day period in which Ohioans can simultaneously register to vote and vote in person.
“The five-day window offers major benefits to many voters, including those with disabilities or inflexible work schedules, and there is little evidence that it has created any major problems,” said ACLU of Ohio Director of Communications and Public Policy Mike Brickner in a statement. “S.B. 238 throws away these critical, nonpartisan benefits for no good reason.”
The bill was introduced in the Ohio Senate on Nov. 13 by Republican State Sen. Frank Larose. It’s co-sponsored by six Republicans, including State Sen. Bill Seitz of Cincinnati.
The bill’s introduction follows a letter from Ohio Secretary of State Jon Husted urging legislators to trim in-person early voting days.
The Ohio Association of Election Officials claims uniform voting hours are necessary to avoid legal challenges in case some counties set longer voting periods than others, which courts could deem unfair under equal protection grounds. The uniform voting periods reduce early voting days in some counties without their approval, the organization acknowledges, but it’s necessary to keep the standards uniform without placing an unfair burden on smaller counties.
Democrats, including State Rep. Alicia Reece of Cincinnati, say the real reason behind such proposals is to suppress voters.
“The Secretary of State’s voter suppression agenda is extremely disappointing. As the state’s chief elections officer, Secretary Husted is tasked with the duty of ensuring that Ohio’s elections are fair and accessible to all citizens,” Reece said in a statement. “Unfortunately, the proposed changes are aimed at restricting voters’ access to the ballot box in 2014.”
Democrats have some evidence to their claims. Doug Preisse, chairman of the Franklin County Republican Party and close adviser to Gov. John Kasich, previously wrote to The Columbus Dispatch in an email regarding early voting, “I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban — read African-American — voter-turnout machine.”
President Barack Obama won over Mitt Romney in what can only be called an electoral college landslide. He won every single “battleground state” on CNN’s electoral map with the current exception of Florida, although the current lead and remaining demographics to be counted will likely tilt Florida to Obama. Despite the insistence of conservatives and mainstream media pundits, models like FiveThirtyEight that predicted a big Obama win were entirely accurate.
In the U.S. Senate race, Democratic incumbent Sherrod Brown also handily won over Republican challenger Josh Mandel. CityBeat covered the policy and campaign differences between the two candidates in coverage of the first, second and third debate and a cover story.
For the First U.S. Congressional District, Republican incumbent Steve Chabot beat Democratic challenger Jeff Sinnard.
The big takeaway from election night at a federal level: Billions of dollars spent on campaigns later, the U.S. House of Representatives remains in Republican hands, the U.S. Senate remains in Democratic hands and the White House remains in Democratic hands. In other words, billions of dollars were spent to change almost nothing.
At the state level, Issue 1, which called for a constitutional convention, lost. But Issue 2, which was an attempt at redistricting reform, lost as well. CityBeat covered the rise and details of Issue 2 in a story and commentary.
In the state’s legislature races, incumbents swept. Republican Bill Seitz beat Democrat Richard Luken for the eighth district of the Ohio Senate. Republican Peter Stautberg beat Democrat Nathan Wissman for the 27th district of the Ohio House. Democrat Connie Pillich beat Republican Mike Wilson for the 28th district of the Ohio House. Republican Louis Blessing beat Democrat Hubert Brown for the 29th district of the Ohio House. Republican Lou Terhar beat Democrat Steven Newsome for the 30th district of the Ohio House. Democrat Denise Driehaus beat Republican Michael Gabbard for the 31st district of the Ohio House. Democrat Dale Mallory beat Republican Ron Mosby for the 32nd district of the Ohio House. Democrat Alicia Reece beat Republican Tom Bryan for the 33rd district of the Ohio House.
For the Ohio Supreme Court, Republican Terrence O’Donnell kept his seat against Mike Skindell. But Democrat William O’Neill beat Republican incumbent Robert Cupp, and Republican Sharon Kennedy beat Democratic incumbent Yvette Brown.
At the local level, Issue 4, which gives City Council four-year terms, was approved. Issue 42, which renewed a tax levy for Cincinnati Public Schools, passed. Issue 50, a tax levy for senior health services, was approved. Issue 51, a tax levy for mental health services, was approved.
In Hamilton County offices, things got a bit more blue overall. Republican incumbent Joe Deters beat Democrat Janaya Trotter for the prosecutor attorney’s office. Democrat Pam Thomas beat Republican incumbent Tracy Winkler for the office of the clerk of the court of common pleas. Democrat Jim Neil beat Republican Sean Donovan for the sheriff's office. Democratic incumbent Wayne Coates beat Republican Wayne Lippert for the county recorder's office. Republican incumbent Robert Goering barely beat Democrat Jeff Cramerding for the county treasurer's office. Democratic incumbent Lakshmi Sammarco beat Republican Pete Kambelos for the county coroner's office.
In the lower courts, Republican incumbent Pat Fischer beat Democrat Martha Good and Republican Pat DeWine beat Democrat Bruce Whitman for the First District Court of Appeals. Democratic incumbent Nadine Allen and Republican Leslie Ghiz beat Democrat Stephen Black and Republican Heather Russel for the court of common pleas.
In other states, gay marriage and marijuana were legalized. Minnesota voted against a same-sex marriage ban. Tammy Baldwin of Wisconsin also became the first openly gay candidate to win election for the U.S. Senate. Overall, the night was a big win for progressives all around the country.
The Cincinnati Enquirer did not have a smooth Election Day. The Enquirer mistakenly published false early voting results, and the fake results were picked up by a conservative news reporting website. Providing voting results before polls close is typically frowned upon in media circles to avoid discouraging voters with potentially disappointing numbers.
Ohio could be short on physicians in the future. By 2020, the state might need to fill a gap of just more than 5,000 physicians, according to Dayton Daily News.
In September, U.S. employers posted the fewest job openings in five months, according to U.S. Department of Labor. On the bright side, layoffs dropped as well.
Cincinnati-based Macy’s beat third quarter estimates and reported strong earnings.
CyrusOne, a Cincinnati Bell subsidiary, bought a downtown building for $18 million. The purchase is part of CyrusOne’s proposed spin-off from Cincinnati Bell.
Cincinnati-based Kroger is looking good for investors. One money management firm told clients Kroger stock is “an exceptional value.”
U.S. hospitals are on track for 124 mass layoffs in 2012, which could cost 8,700 jobs by the end of the year. However, jobs numbers are still up overall in hospitals.
Mayor John Cranley is trying to find a compromise over whether early voting will move out of downtown after the 2016 general election, as some Republicans in the county government have suggested. Cranley called for a meeting with Hamilton County Board of Elections Chairman and Hamilton County Democratic Party Chairman Tim Burke, Hamilton County Republican Party Chairman Alex Triantafilou, Cincinnati NAACP President Ishton Morton and Hamilton County Board of Commissioners President Chris Monzel. The meeting will aim to “discuss alternatives the City of Cincinnati can offer to accommodate early voting downtown after the 2016 elections. (Cranley) believes that such a discussion is consistent with the recommendation of the secretary of state that there be an effort to find a nonpartisan solution to the existing disagreement.”
With a $12 million price tag in mind, Cranley remains worried Cincinnati is paying too much for a downtown grocery and apartment tower project. But the project is truly one of a kind, claims The Business Courier: The tower would boast nearly twice the number of luxury apartments of any other project underway in Over-the-Rhine or downtown. And it would replace a decrepit garage and establish the first full-scale grocery store downtown in decades.
A study found Ohio teens’ painkiller abuse dropped by 40 percent between 2011 and 2013. State officials quickly took credit for the drop, claiming their drug prevention strategies are working. But because the Ohio Youth Risk Behavior Survey only has two sets of data on painkillers to work with — one in 2011 and another in 2013 — it’s possible the current drop is more statistical noise than a genuine downturn, so the 2015 and 2017 studies will be under extra scrutiny to verify the trend.
Similarly, fewer Ohio teens say they’re drinking and smoking. But 46 percent say they text while driving.
Ohio’s unemployment rate dropped to 6.9 percent in January, down from 7.3 percent the year before. The numbers reflect both rising employment and dropping unemployment in the previous year.
To prove his conservative bona fides, Ky. Sen. Mitch McConnell touted a rifle when he walked on stage of the Conservative Political Action Conference.
The other Kentucky senator, Rand Paul, will headline a Hamilton County Republican Party dinner.
Researchers studied a woman who claims she can will herself out of her body.
Personal note: This is my last “Morning News and Stuff” and blog for CityBeat.
After today, I will be leaving to Washington, D.C., for a new
journalistic venture started by bloggers and reporters from The Washington Post and Slate. (CityBeat
Editor Danny Cross wrote a lot of nice things about the move here, and
my last commentary touched on it here.) Thank you to everyone who read
my blogs during my nearly two years at CityBeat, and I hope I helped you understand the city’s complicated, exciting political and economic climate a little better, even if you sometimes disagreed with what I wrote.
In-person early voting is underway in Ohio. Find your nearest polling booth here.
In case you missed it, CityBeat is hosting a party
for the final presidential debate at MOTR Pub in Over-the-Rhine. There
will be live tweeting, and Councilman Chris Seelbach will be on-hand to discuss this year's key issues. Even if you can’t come, make sure to live tweet during the
presidential debate using the hashtag #cbdebate. More info can be found
at the event’s Facebook page.
A new study found redistricting makes government even more partisan. The Fair Vote study says redistricting divides government into clear partisan boundaries by eliminating competitive districts. In Ohio, redistricting is handled by elected officials, and they typically use the process for political advantage by redrawing district boundaries to ensure the right demographics for re-election. Issue 2 attempts to combat this problem. If voters approve Issue 2, redistricting will be taken out of the hands of elected officials and placed into the hands of an independent citizens commission. The Republican-controlled process redrew the First Congressional District, which includes Cincinnati, by adding Warren County to the district. Since Warren County typically votes Republican, this gives an advantage to Republicans in the First Congressional District. CityBeat previously covered the redistricting reform effort here.
Democratic incumbent Sherrod Brown and Republican challenger Josh Mandel will face off in another debate for Ohio’s seat in the U.S. Senate today. The two candidates met Monday in a feisty exchange in which the men argued over their records and policies. Brown and Mandel will face off at 8 p.m. The debate will be streamed live on 10TV.com and Dispatch.com. Currently, the race is heavily in Brown’s favor; he is up 5.2 points in aggregate polling.
Cincinnati is moving forward with its bike sharing program. A new study found the program will attract 105,000 trips in its first year, and it will eventually expand to 305,000 trips a year. With the data in hand, Michael Moore, director of the Department of Transportation and Engineering, justified the program to The Business Courier: “We want Cincinnatians to be able to incorporate cycling into their daily routine, and a bike share program will help with that. Bike share helps introduce citizens to active transportation, it reduces the number of short auto trips in the urban core, and it promotes sustainable transportation options.”
Cincinnati’s school-based health centers are showing promise. Two more are scheduled to open next year.
Echoing earlier comments by Ohio Secretary of State Jon Husted, Ohio Senate Republicans are now talking about using the lame duck session to take up a bill that would set standard early voting hours and tighten voting requirements. Republicans are promising broad consensus, but Democrats worry the move could be another Republican ploy at voter suppression. Republicans defend the law by saying it would combat voter fraud, but in-person voter fraud isn’t a real issue. A recent study by the Government Accountability Office found zero examples of in-person voter fraud in the last 10 years. Another investigation by News21 had similar results. Republicans have also justified making voting tougher and shorter by citing racial politics and costs.
A Hamilton County judge’s directive is causing trouble. Judge Tracie Hunter sent out a directive to hire a second court administrator because she believes the current county administrator is only working for the other juvenile judge. The county government is trying to figure out if Hunter has the authority to hire a new administrator.
This year’s school report card data held up a long-term
trend: Public schools did better than charter schools. In Ohio, the
average charter school meets slightly more than 30 percent of the
state’s indicators, while the average traditional public school meets 78
percent of the state’s indicators, according to findings from the
education policy fellow at left-leaning Innovation Ohio. The data for
all Ohio schools can be found here.
Some in the fracking industry are already feeling a bit of a bust. The gas drilling business is seeing demand rapidly drop, and that means $1 billion lost in profits. CityBeat wrote in-depth about the potential fracking bust here.
Ohio student loan debt is piling up. A report by Project
on Student Debt says Ohio has the seventh-highest student loan debt in
the nation with an average of $28,683 in 2011. That number is a 3.5
percent increase from 2010.
What if Abraham Lincoln ran for president today?
Eternal Sunshine of the Spotless Mind could soon be reality. Scientists are developing a drug that removes bad memories during sleep.
Ohio Secretary of State Jon Husted is pushing local election officials to begin investigating legitimate cases of voter fraud or suppression. He also vowed to continue pushing for uniform voting hours and redistricting. During election season, Husted developed a bad reputation around the nation for suppressive tactics, which CityBeat covered here, but it seems he’s now taking a more moderate tone.
It looks like in-person early voting didn’t rev up the “African-American … voter turnout machine,” as Franklin County GOP Chairman Doug Preisse claimed, after all. New numbers show in-person early voting was
The U.S. Supreme Court says it will not take up Ohio Secretary of State Jon Husted's early voting appeal. With the decision, Ohio must allow all voters to vote on the weekend and Monday before Election Day — a right previously reserved for military personnel and their families.
The news comes just a week after Husted promised to appeal a ruling from the Sixth Circuit Court of Appeals, which said if early voting will take place on the three days before Election Day, boards of elections must make sure all Ohioans can use the opportunity.
However, some ambiguity is left in the process as different county boards of elections decide on voting hours. The Sixth Circuit Court of Appeals said it's up to Husted and individual county boards when and even if Ohioans will vote on the three days. If there is a tie vote in the county boards, Husted will be the tie breaker.
When he announced his intention to appeal the appeals court ruling, Husted said in a statement that he will ensure Ohio has uniform early voting rules and hours no matter the outcome of the appeal: “While I will be asking the U.S. Supreme Court to uphold Ohio law through the appeals process, the last thing I want to see is a non-uniform system where voters will be treated differently in all 88 counties. Since some boards of elections have already started to take action on hours of operation for the three days before Election Day, I am going to take time to consult with all 88 counties before crafting a directive to set uniform hours should the state not be successful upon appeal.”
UPDATE (1:30 P.M.): Husted sent out a directive to county boards of elections enforcing uniform voting hours for the three days before Election Day. On Saturday, booths will be open 8 a.m. to 2 p.m. On Sunday, 1 p.m. to 5 p.m. On Monday, 8 a.m. to 2 p.m.
In-person early voting is underway in Ohio. Find your nearest polling booth here.