Case Claims Ohio Republicans Are Attempting to Influence November Elections Through Voter Disqualifications |
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A class action lawsuit has been filed by the Ohio Democratic Party and individual voters in US District Court for the Northern District of Ohio. The case is brought on behalf of registered Ohio voters and claims that, on the eve of the hotly contested 2004 presidential election, the Ohio Republican Party and the Republican National Committee are attempting to selectively disqualify registered and eligible Ohio voters in an effort to influence election results. The suit seeks injunctive relief and damages on behalf of voters wrongfully disqualified from participating in the election.
The complaint alleges that the Republican Party and Republican National Committee have filed voter registration challenges with county election committees throughout the state, and that these challenges are based on questionable evidence. The challenges are based on allegations that the challenged voters are registered under false addresses. However, the evidence supporting the challenge consists mainly of returned mail. Plaintiffs allege that the returned mail provides no evidence whatsoever of an effort by a voter to register under a false address and merely demonstrates that the voter has moved or that the mail was misaddressed—neither of which would disqualify a voter under Ohio law. The plaintiffs contend that the voter challenges-- made just a week before the presidential elections—are intended only to delay and disrupt the election process in the typically heavily democratic state of Ohio.
The lawsuit seeks to enjoin the county boards of elections from holding hearings on the voter challenges and seeks damages on behalf of any voters who are precluded from voting in, or having their vote counted in, the 2004 election as a result of the voter challenges.
An emergency hearing in this case on October 29, 2004 resulted in an injunction precluding the election boards from holding hearings on the challenges. However, representatives of the defendants state that they will use an obscure provision of Ohio law to renew the challenges at the polls. A request by plaintiffs that the court prevent defendants from sending challengers to the polling places has not yet been ruled on.
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