Courts Allow Early Voting Week in Ohio

In a defeat for Republican challenges, courts have cleared the way for a weeklong period in which new voters can register and cast an absentee ballot on the same day in Ohio.

The early voting begins Tuesday and runs through Oct. 6. The Ohio Supreme Court and a federal judge in Cleveland on Monday upheld the weeklong voting period. Later in the day, Judge George Smith of Federal District Court in Columbus declined to rule, deferring to the Ohio Supreme Court decision. But Judge Smith ruled that counties must allow party poll observers during early voting. The disputed voting window results from an overlap between Tuesday’s beginning of absentee voting 35 days before Election Day, and the Oct. 6 end of voter registration.

The decisions were a victory for Secretary of State Jennifer Brunner, a Democrat whom Republicans had accused of interpreting state law to benefit her party.

Although both the campaign of the Democratic presidential candidate, Senator Barack Obama, and the Republican National Committee have urged supporters in Ohio to use the early voting, Republican-backed lawsuits were filed against it. In the day’s last courtroom battle, the Ohio Republican Party filed a statewide challenge in Columbus before Judge Smith, who was appointed by President Ronald Reagan.

The ruling by the Ohio Supreme Court was a defeat for two voters who had sued and were backed by the state Republican Party. Republicans argue that Ohio law requires voters to be registered for at least 30 days before they cast an absentee ballot and does not allow same-day registration and voting. But Ms. Brunner interpreted the law correctly, Judge Gwin ruled.

The Obama campaign plans to get college students around the state to register and vote during the window. Other groups, including the Northeast Ohio Coalition for the Homeless, have plans to drive voters who are homeless, low income or members of minority groups to the polls.

Michael H. Drucker
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