A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.
The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.
Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.
U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.
On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.
Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.
“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”
But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.
The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.
It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.
If an appeal is pursued, the county could be at risk of paying much more. A lengthy appeal process could easily double what’s been spent so far, legal experts said.
The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.
Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.
“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”
Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.
“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.
Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.
Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.
A conservative organization that advocates for immigration reform will begin running TV and radio commercials in Southwest Ohio next week that attempt to pressure House Speaker John Boehner (R-West Chester) to allow a vote on the “E-Verify” bill.
The group, Numbers USA, said Boehner is letting the bill languish in the House Ways and Means Committee so Republicans don’t anger Latino voters in an election year. The House Judiciary Committee approved the bill last year.
The commercials include a 30-second TV ad and a one-minute radio ad.
Next to an image of Boehner, the TV spot states, “Meet House Republican Speaker John Boehner. He won’t let Congress vote on E-Verify. Thanks to Speaker Boehner, illegal aliens can keep American jobs. Now Americans, meet the telephone … tell him to bring E-Verify for a vote or he may not like your vote in November.”
Under the bill, the federal government’s voluntary E-Verify system that is used to check the immigration status of employees would become mandatory nationwide.
Currently seven states require E-Verify checks and 12 others require state agencies and contractors to use it. The federal government has operated its system for the past 15 years.
About 300,000 of the 2.2 million U.S. employers with five or more employees were enrolled in E-Verify as of autumn 2011, according to workforce.com.
The Internet-based system checks any employee’s personal information against the Social Security database and several Homeland Security databases.
If the employee is confirmed, that person is authorized to work. If the person isn’t confirmed, he or she has eight working days to contest the finding with the Social Security Administration or the Department of Homeland Security.
“Speaker Boehner has supported legislation with E-Verify in the past, and the issue is currently working its way through the committee process,” Michael Steel, a Boehner spokesman, told The Washington Times earlier this month.
But Numbers USA isn’t convinced, and has launched the ad blitz in response.
Numbers USA said the bill would crack down on the hiring of undocumented immigrants and free up jobs that could be taken by unemployed U.S. citizens.
Critics, however, said the electronic monitoring system proposed by the E-Verify bill would be fraught with errors due to it reliance on incomplete or outdated databases. They cite the number of people who have mistakenly been placed on Homeland Security’s terrorist watch list as an example.
Further, opponents believe the bill would lead to more under-the-table hiring, while some Libertarians have worried that it’s a backdoor method for implementing a national I.D. card system.
The bill has caused some unlikely political alliances.
Supporters of the bill include President Barack Obama, GOP presidential hopeful Mitt Romney, U.S. Rep. Lamar Smith (R-Texas) and the U.S. Chamber of Commerce.
Opponents include the American Civil Liberties Union and several labor unions.
Based in Virginia, Numbers USA was founded in 1997 by Roy Beck, an author and ex-journalist who worked for anti-immigration activist John Tanton. Tanton also helped form two other groups, the Federation for American Immigration Reform (FAIR) and the Center for Immigration Studies (CIS).
Numbers USA wants to reduce U.S. immigration levels to pre-1965 levels. The group’s website states, “The 1990s saw the biggest population boom in U.S. history … this population boom was almost entirely engineered by federal forced-growth policies that are still in place. The Census Bureau states that Americans will suffer this kind of rapid congestion every decade into the future unless Congress changes these policies.”
The Southern Poverty Law Center, a civil rights organization that monitors extremist groups, has said Numbers USA, FAIR and CIS have connections to white supremacist and neo-Nazi leaders.
A 2009 report by the center states, “FAIR, CIS and Numbers USA are all part of a network of restrictionist organizations conceived and created by John Tanton, the ‘puppeteer’ of the nativist movement and a man with deep racist roots.”
The report added, “As the first article in this report shows, Tanton has for decades been at the heart of the white nationalist scene. He has met with leading white supremacists, promoted anti-Semitic ideas, and associated closely with the leaders of a eugenicist foundation once described by a leading newspaper as a ‘neo-Nazi organization.’ He has made a series of racist statements about Latinos and worried that they were outbreeding whites.”
A group affiliated with the Heritage Foundation has bombarded voters in Ohio's 1st Congressional District with a glossy flier that tries to paint Rep. Steve Chabot as someone akin to an Old West hero.
The fliers, which began showing up in mailboxes during the past few days, feature a large photograph of a smiling Steve Chabot next to a headline that states, “Steve Chabot fights for our families.” The direct-mail campaign piece was paid for and distributed by Heritage Action for America, a 501(c)(4) tax-exempt group founded last year by the Heritage Foundation, a conservative think tank.
I, for one, was comforted to hear the warm Southern drawl put on by Ohio treasurer and senatorial candidate Josh Mandel while he campaigned for Mitt Romney before Beallsville coal miners on Wednesday.
As someone who recently spent six months living and
working in Montgomery, Ala., it brought me back to simpler times when
summer nights were spent drinking sweet tea spiked with rum on a porch and
it was for some reason still OK to refer to a grown black man as “boy.”
So when I heard Josh Mandel extoll the virtues of coal in a drawl reminiscent of fresh butter spread on cornbread, I immediately thought, “shucks, this guy gets me — he’s one of us.”
Wait, what’s that? Mandel hails from Lyndhurst, a Cleveland suburb that’s the Hyde Park of Northern Ohio? He’s never even eaten cheese grits? (Editor’s note: CityBeat could not independently verify that Josh Mandel has in fact never eaten cheese grits.) Well now I just feel put on.
The Enquirer reported that Mandel had never publicly used a Southern accent before.
"As if blowing off work and hiring unqualified campaign workers and friends at taxpayer expense wasn't evidence enough of his blatant disregard for the people who elected him treasurer expecting that he'd do his job, Josh Mandel has now stooped to faking his accent as a means of earning votes," Ohio Democratic Party spokesman Andrew Zucker said in a statement. "It's sad, it's pathetic and unfortunately it's concrete proof that he is just another politician who can't be trusted."
Sounding folksy or down-homey is nothing new in presidential politics.
When campaigning in Alabama, Romney famously dropped “y’alls” into his speech and spoke of his newfound love for “cheesy grits” and catfish (my editor in Montgomery was quick to point out to me, another carpetbagger, that any real Southerner knows they’re cheese grits, not cheesy grits).
If there’s one thing Southerners don’t take too kindly to, it’s Yankee pandering.
“If you’re going to pander, at least pander well, and this isn’t pandering well,” Stephen Gordon, a Republican consultant based in Birmingham, Ala., told the Boston Herald shortly after Romney made his remarks.
“People in the Deep South have a bit of a natural distrust for Northerners, especially folks from the Northeast,” said Gordon, who is not affiliated with any campaign in the Republican presidential contest. “There are cultural differences, stemming all the way back to the Civil War, and they affect the way people perceive Mr. Romney.”
Romney is by no means the first to affect an accent to fit in with the natives.
Both Republican George W. Bush and Democrat Bill Clinton adopted drawls while on campaign stops in the South. Though those two former presidents, from Texas and Arkansas respectively, had the bona fides to pull it off.
It seems Ohio may soon get a controversial voter ID law. While speaking at a Tea Party event in Cincinnati on Monday, Secretary of State Jon Husted said the General Assembly is likely to take up a voter ID law after the November election.
“I was listening to a show one night where they talked about these onerous rules, these onerous photo ID rules and the onerous rules in Ohio on photo ID,” he said. “Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the General Assembly will take up a more strict version of what we have after what we’ve been through with this election process.”
Later on, an audience member commented on the issue by pointing out Ohioans can currently identify themselves with 12 different types of ID. In response, Husted clarified his position: “We need to streamline that because it’s really hard for a poll worker to know exactly what they’re supposed to be checking. And I’m quite confident the legislature is going to take that issue up.”
Under current Ohio law, voters can go to the polls with state ID cards, driver’s licenses, military IDs, utility bills, paychecks, bank statements and other forms of ID. Republicans have sometimes criticized the many options, particularly for not being state-issued and not requiring a photo.
Other states have taken up voter ID laws. Pennsylvania’s controversial law requires voters to have state-issued photo ID. A Pennsylvania court recently upheld the law, but the Pennsylvania Supreme Court vacated the decision today and asked the lower court to reconsider. The ruling from the Pennsylvania Supreme Court gives lower courts room to strike down the law.
Democrats criticize ID laws for suppressing voters. A study from researchers at the University of Chicago and Washington University in St. Louis found nearly 700,000 young, minority voters will be unable to cast a ballot due to voter ID laws. Both young and minority voters tend to side with Democrats.
Republicans say the laws are necessary to protect elections from voter fraud. However, studies suggest in-person voter fraud is not a serious, widespread issue. A News21 report, a Carnegie-Knight investigative reporting project that looked at national public records, found 10 cases of alleged in-person voter fraud since 2000. That’s less than one case a year nationwide.
Husted’s office could not be immediately reached for comment. This story will be updated if a comment becomes available.
UPDATE (4:25 P.M.): Matt McClellan, spokesperson for Husted, called CityBeat after this story was published.
"The Tea Party has generally been critical of the secretary's position on voter ID," he said, referring to Husted's past opposition of strict voter ID laws. "The comments he made at the event last night were environmental in general about what the secretary thought had been happening at the statehouse. His position, in general, is unchanged."
When pressed about what Husted meant when he advocated for "streamlining" laws, McClellan said Husted supported "simplification" of the current system. McClellan could not offer more details on what that means, and he said specifics would be up to the legislature to decide.
Chris Redfern, Ohio Democratic Party chairman, responded to Husted’s suggestions in a statement: “As if Secretary of State Husted has not done enough to undermine access to Ohio’s polls, now he’s planning a secret post-Election Day assault on what forms of identification voters can present to cast a ballot. It’s no surprise that after slashing voting access across the state, using his office for partisan advantage, and lying about Issue 2, now Husted is making plans to create obstacles for African Americans and seniors to vote.”
Nearly 15 months after the disputed election, a federal judge ruled today that Hamilton County elections officials must count roughly 300 provisional ballots cast in a 2010 Juvenile Court judge race.
U.S. District Judge Susan Dlott said that the Board of Elections violated the voters’ constitutional rights when it decided to count some provisional ballots but discard others based solely on the location of where they were cast.
The Tea Party might be good at organizing rallies outside the Capitol building in Washington and staging rallies at Fountain Square, but just how pervasive is the group’s views among the American people?
Not very, according to a new poll.
If you thought the McCarthy era witch hunts were over, you are sadly mistaken. Welcome back to 1950!
After TV host Glenn Beck’s attack on Van Jones resulted in Jones resigning from the Obama administration, it seems to be open season and now Fox News -- the “fair and balanced” news channel with a political agenda -- kicked its game up a notch this week in its attempts to discredit and destroy more of President Barack Obama’s advisers.
Republican Rep. John Becker is pretty upset that a
terminally ill gay man has earned the right to die in peace, and now
it’s become a very real possibility that other gay Ohioans might also
get to die (and live) in peace. And, just like my brother, he’s kind of trying to
ruin the game for everyone just because he’s losing.
In July, Judge Timothy Black heard the case of Jim Obergefell and John Arthur, a long-term gay couple who flew to Maryland to marry at the beginning of the month because Arthur is terminally ill, in hospice care, and not expected to live much longer.
Obergefell and Arthur sued the state of Ohio for
discrimination in not recognizing their out-of-state gay marriage, legal
and recognized in Maryland, when other gay couples residing in states
recognizing same-sex marriages and subsequently moved to Ohio would have
their marriages treated as valid. And because Arthur is terminally ill, it's just as much for the emotional connection as it is for any kind of economic benefit.
Here's what Obergefell wrote in his original complaint (grab a tissue):
“Our legacy as a married couple is very important to John and me… in two or more generations our descendants will not know who we are. Married couples, often through research based on death records, have recognition for their special status forever. I want my descendants generations from now who research their history to learn that I loved and married John and that he loved and married me. They will know that they had gay ancestor who was proud and strong and in love.”
In his ruling, Black called the case “not complicated,” explaining that he’d allow the marriage to be legalized on Arthur’s death certificate because it was likely a constitutional violation that the state of Ohio treated lawful out-of-state same-sex marriages differently than lawful out-of-state same-sex marriages.
In September, he ruled to allow the marriage of another gay
couple — David Michener and William Herbert Ives — after Ives
unexpectedly passed away in late August. Although these aren't (yet) blanket rulings, they're being interpreted as monumental victories for supporters of marriage equality.
Becker, then, decided to do the political equivalent of my brother running to my mom and accusing me of cheating; he wrote U.S. Rep. Brad Wenstrup and called for Black to be impeached for “malfeasance and abuse of power,” which apparently made him really concerned about the “federal government’s ever growing propensity to violate state sovereignty.”
Unfortunately, though, U.S. District Court judges are
appointed for life, so since Becker’s claims against Judge Black are
totally unfounded, Black is free to continue to anger Becker and other people who don't approve of equality for gay couples.
Alphonse Gerhardstein, the attorney for both couples, calls Becker's response to the rulings "bullying."
"Federal judges are granted tenure for life for a reason. It's their job to enforce core principles even when the majority disagrees," he says. "Look at the Dred Scott case. I think most people would agree that's the worst case decision ever made by a judge, and even he didn't get impeached." (In case you forget, he's talking about Dred Scott v. Sandford, the landmark 1857 U.S. Supreme Court ruling that ruled black people weren't citizens.)
Things that actually can get a judge impeached, says Gerhardstein, are offenses like having sex with a criminal defendant or taking bribes.
On Wednesday, Sept. 25, the court added licensed funeral director Robert Grunn, who is responsible for registering deaths and providing personal information to the state on what should go on a death certificate, to the list of plaintiffs. Grunn currently serves same-sex couples when he signs death certificates, says the lawsuit, including those with marriages recognized outside the state of Ohio. The lawsuit, if successful, could require all funeral directors to recognize gay clients as married on death certificates if they were legally married in a different state.
Gerhardstein also says since accepting Arthur and Obergefell's case, he and his colleagues have received inquiries from between 30 to 50 other gay couples seeking legal recognitions of their out-of-state marriages. For now, he says, he and his firm are concentrating on cases specifically involving recognizing same-sex marriages on death certificates, although this litigation could (and probably will) lead to other blanket rulings on how same-sex marriages are recognized in Ohio.
Another hearing with Judge Black is scheduled for Dec. 18.