Judge restores 3 early voting days in Ohio


U.S. District Judge Peter Economus in Columbus issued a preliminary injunction in the case involving state law that cuts off early voting for most residents on the Friday evening before a Tuesday election. The law makes an exception for military personnel and Ohio voters living overseas.

Economus concluded that the law was unconstitutional in changing the in-person early voting deadline and that the state was wrongly valuing certain votes above others.

Attorney General Mike DeWine plans to appeal the decision, likely on Tuesday.

"We believe states should have the right to set the hours of election and the time of election," DeWine said, adding that there's "ample opportunity for everyone to vote."

The judge's ruling said he expects Ohio's elections chief, Republican Secretary of State Jon Husted, to direct all county elections boards to maintain a specific, consistent schedule on those three days "in keeping with his earlier directive that only by doing so can he ensure that Ohio's election process is `uniform, accessible for all, fair, and secure.'"

A spokesman said Husted's office was reviewing the decision and declined to comment further.

Obama's campaign and Democrats had sued Husted and DeWine over the legality of the law. They argued everyone should have the chance to vote on those three days before the election.

"We are pleased the court agreed to restore equal and fair access to early voting," Aaron Pickrell, senior adviser for the Obama campaign in Ohio, said in a statement. "The people of Ohio had overwhelmingly expressed their desire to preserve the early voting system which has been so successful in recent years."

The Obama campaign and Democrats said a series of legislative changes by state lawmakers had arbitrarily eliminated the opportunity for most Ohioans to vote in person on those days, while giving military or overseas voters the chance to do so.


But the judge said the voters' right to cast ballots in person on those days outweighs the state's reasons for limiting that opportunity.

Economus found that the Obama campaign was likely to succeed on the merits of its claim, and he granted the preliminary injunction blocking Husted from enforcing the law.


Economus had pointed out during an early hearing that Ohioans can cast ballots by other methods - in person on Election Day or by mail beginning 35 days before the election. Lawyers for the state also noted the multiple ways voters can cast a ballot this fall, including casting an early ballot in person on other days.


