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.
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.
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.
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.
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
Is the race for Ohio secretary of state already underway? Ohio Sen. Nina Turner, who is considering a run against Secretary of State Jon Husted in 2014, says she will introduce legislation to protect voters against Republican efforts to limit ballot access. She also criticized Husted for how he handled the 2012 election, which CityBeat covered here. Husted responded by asking Turner to “dial down political rhetoric.”
Build Our New Bridge Now, an organization dedicated to building the Brent Spence Bridge, says the best approach is private financing. The organization claims a public-private partnership is the only way to get the bridge built by 2018, rather than 2022. But critics are worried the partnership and private financing would lead to tolls.
The Hamilton County Board of Commissioners threw out
a Metropolitan Sewer District competitive bidding policy yesterday. The
policy, which was originally passed by City Council, was called unfair
and illegal by county commissioners due to apprenticeship requirements and rules that favor contractors within city limits. Councilman Chris Seelbach is now pushing for compromise for the rules.
Believe it or not, Cincinnati’s economy will continue outpacing the national economy this year, says Julie Heath, director of the University of Cincinnati’s Economics Center.
Three Cincinnati-area hospitals are among the best in the nation, according to new rankings from Healthgrades. The winners: Christ Hospital, Bethesda North Hospital and St. Elizabeth Healthcare-Edgewood.
Democrat David Mann, former Cincinnati mayor and congressman, may re-enter politics with an attempt at City Council.
In its 2013 State of Tobacco report, the American Lung Association gave Ohio an F for anti-smoking policies. The organization said the state is doing a poor job by relying exclusively on federal money for its $3.3 million anti-tobacco program. The Centers for Disease Control says Ohio should be spending $145 million.
The Air Force is gearing up for massive spending cuts currently set to kick in March. The cuts will likely affect Wright-Patterson Air Force Base.
Dennis Kucinich, who used to serve in the U.S. House of Representatives, will soon appear on Fox News as a regular contributor.
For anyone who’s ever been worried about getting attacked by a drone, there’s now a hoodie and scarf for that.
In-person early voting is underway in Ohio. Find your nearest polling booth here.
Abortion-rights supporters pushed against a bill that will kill some funds for Planned Parenthood in Ohio yesterday. The bill would shift $2 million in federal funds, which legally can’t be used for abortions, from Planned Parenthood to other family services. An Ohio House committee will hold hearings and possibly vote on the bill later today. Planned Parenthood has been a target for anti-abortion activists all around the nation in recent years, even though abortions only make up 3 percent of its services.
The election is over for us, but it’s not quite over for Ohio Secretary of State Jon Husted. A court ruled yesterday that Husted was in the wrong when he directed a last-minute change to Ohio's provisional ballot rules. U.S. District Judge Algenon Marbley wrote that the rules, which shifted the burden of identification for provisional ballots from poll workers to voters, were “a flagrant violation of a state elections law.” Husted will appeal the ruling. For many voter activists, the ruling comes as no surprise. Husted and Republicans have been heavily criticized for how they handled the lead-up to the election.
The Ohio House will vote on legislation to regulate puppy mills. Ohio is currently known as one of the worst states for puppy mills and regulations surrounding them. The Humane Society of the United States supports extra limits on Ohio’s puppy mills. CityBeat previously covered the issue and how it enables Ohio dog auctions.
John Cranley is running for mayor. Cranley, who served on City Council between 2001 and 2007, promises to bring “bring fresh energy and new ideas to the mayor's office.” One of those ideas could be opposition to the streetcar, which Cranley has been against in the past. Former mayor Charlie Luken will be the honorary chairman of Cranley’s campaign, which will officially launch at an event in January.
The Ohio Department of Development and Port of Greater Cincinnati Development Authority will meet on Dec. 14 to discuss how to finance the Brent Spence Bridge. The Port Authority suggested tolls
to help pay for the bridge project, which has been labeled the region’s
top transportation priority; but critics say an unelected agency should
not directly impose costs on the public without some recourse.
The city of Cincinnati might buy Tower Place Mall and its neighboring garage. An emergency ordinance was submitted to buy the mall and garage, which are currently in foreclosure, for $8.6 million using the surplus from the Parking Facilities Fund 102.
The third RootScore report for Cincinnati’s cell phone market found Verizon to be far and away the best. AT&T, T-Mobile and Cricket followed. Sprint did the worst.
Ohio will let the federal government run the state’s health care exchange. Under the Affordable Care Act — also known as Obamacare — states must decide by Friday to self-manage or let the federal government manage exchanges, which are subsidized markets that pits different insurance plans in direct competition within a state. The move comes as no surprise from Gov. John Kasich and his administration, which have opposed Obamacare since it passed in 2010. But support for repealing Obamacare is plummeting, a new poll found.
A state legislator introduced a long-expected plan to reform Ohio’s school report card system. The bill will shift school grading from the current system, which grades schools with labels ranging from “excellent with distinction” to “academic emergency,” to a stricter A-to-F system. A simulation of the new system back in May showed Cincinnati Public School dropping in grades and 23 of its schools flunking.
After a strange bout of Ohio Supreme Court races that continued a trend of candidates with Irish-sounding names winning, some policymakers are considering reforming campaigning rules for the Ohio Supreme Court. The proposed reforms would allow candidates to speak more freely and show political party affiliation on the ballot.
A true American hero: A Hamilton man took personal injuries from a car accident to avoid hitting a cat.
Ever wish political pundits were held accountable for their completely inane, incorrect predictions? A new Tumblr account does just that.
Canadian doctors claim they managed to communicate with a man in a vegetative state to see if he’s in pain. Thankfully, he’s not.