ACLU: American Civil Liberties Union of Ohio
Keeping America Safe and Free

Voting Rights

Updated 09.29.08

News: Ohio Courts Protect Voters’ Access To Absentee Ballots ACLU Challenges Successful In State and Federal Venues
Click here to read the press release.

Federal case:
Read the Opinion and Order

News 9/25/2008: ACLU Asks Court to Allow All Registered Voters Access to Absentee Ballots.

Click here to read the press release.

State case:
Read the Amicus brief filed in the Ohio Supreme Court in State ex rel Colvin v Brunner

Click here to see a summary of case information and docket items.

Federal case:
Read the Complaint
Read the motion for a Temporary Restraining Order
Read the Memorandum in support of the Temporary Restraining Order motion


Election Day is November 4, 2008  – Are you ready? Check out our new VOTE! page for all the latest resources.

You can download ACLU voter rights handouts:

  • 10 things you should do this election season
  • VOTE! What every college student needs to know
  • The ten questions civil libertarians should be asking candidates
  • Voter Empowerment Card
  • Student poll worker program information for students, parents and teachers

Find links for:

  • The Ohio Secretary of State’s website to download a voter registration form, check your registration status, or request an absentee ballot.
  • A directory of Ohio’s 88 county Boards of Elections.
  • Information on voting in other states
  • Ways to report problems, including the ACLU’s online voter feedback form.


Key dates for 2008 election


Tuesday, September 30   Absentee and early voting begins in Ohio

Monday, October 6   Deadline to register for the November election

Tuesday, November 4   Election Day


The right to vote has been called the “vital principle of self-government and individual liberty.” When you register to vote and participate in elections, you play a critical role in preserving our democracy.

What’s Happening Nationally

In June 2008, the U.S. Supreme Court decided a pair of cases upholding the constitutionality of voter ID requirements: Crawford v. Marion County Election Board, No. 07-21 (an ACLU case) and Indiana Democratic Party v. Rokita, No. 07-25.

Read more about these cases.


What’s happening in Ohio

Election Reform

The ACLU of Ohio monitors state and local government for any changes to election policy, including voting systems.

In April 2008, the ACLU of Ohio released a report detailing problems that occurred during the March 2008 primary election, along with recommended remedies.

Read the report here.

In December 2007, Secretary of State Jennifer Brunner issued a report on voting technology systems and proposed changes, including a return to unconstitutional non-notice technology. The ACLU of Ohio, as well as other organizations, opposed these changes.

Read more on Professor Daniel Tokaji's blog on election-related issues.

In September 2007, the ACLU of Ohio released a report on systemic Ohio election problems from 2004-present.  The report urged the Secretary of State and Boards of Elections to address these concerns prior to the 2008 election.

Read the press release and list of recommendations.


Youth Poll Workers


In 2006, Ohio law was changed to allow 17-year-old high school seniors to serve as poll workers. The ACLU of Ohio encourages young people to get active!

Information for students
Information for teachers

Read  Staff Attorney Carrie Davis' April 22, 2008 testimony in support of student poll workers before the Ohio Senate State and Local Government and Veterans Affairs Committee.

Read Staff Attorney Carrie Davis' January 10, 2008 testimony in support of student poll workers before the Ohio House State Government and Elections Committee.


ACLU Litigation

ACLU of Ohio v. Brunner
In April 2008, the ACLU of Ohio was victorious in a lawsuit challenging the return to non-notice technology in Ohio. Secretary of State Jennifer Brunner proposed the switch in December 2007, mere months before the March 2008 primary. The ACLU Voting Rights Project and the ACLU of Ohio challenged these systems as unconstitutional because without notice, votes, particularly those in African American communities, are uncounted because of mistakes on the ballot. In light of new legislation outlawing the type of non-notice voting technology used in Cuyahoga County, the State filed an agreement not to use any type of non-notice technology for upcoming elections.

Read more about the case, including press releases and testimony to the Cuyahoga County Board of Elections, here.

Boustani v. Blackwell

On October 4, 2006, the ACLU of Ohio and other voting rights groups prevailed in this important lawsuit. The groups challenged a provision that would have allowed poll workers to inquire if a voter is a naturalized citizen and require those voters to provide proof that they were naturalized. The law singled out one group of U.S. citizens and placed an unfair burden on them to cast their ballot.

Read more about the case, including press releases and testimony to the Cuyahoga County Board of Elections, here.

Stewart v. Blackwell
The ACLU sued the State of Ohio after the 2000 presidential election exposed several constitutional and statutory violations in the process by which elections were conducted in several Ohio counties. Disparities between punch-card and optical scanning and/or touch screen systems arbitrarily deprive voters of the equal protection of the law and the right to due process. Statistics show that voters in counties that use punch-card systems are more likely to be African-American and/or indigent.

Read more about the case, including press releases and testimony to the Cuyahoga County Board of Elections, here.
 

Get Active!
 

  • Register to vote and participate in elections. The Secretary of State oversees the election process in each of Ohio's 88 counties.
  • Democracy needs an operator! Become a poll worker. Elections cannot be held without poll workers. You are eligible if you are a registered voter, are available for training sessions, and can work on Election Day. Compensation is available. Please contact your local board of elections for details.
  • Host an ACLU Freedom Files voting rights party. Invite your friends and neighbors to view a Freedom Files episode about voting rights and learn about elections in Ohio. We supply the material, you supply the get-together. To learn more about the ACLU TV series, click here. For help setting up a party, send an email to the ACLU office.
     

Resources

Ohio Secretary of State's website

Cuyahoga Election Review Panel Final Report, July 20, 2006

Our Voter Empowerment Card gives you all the information you need to make sure your vote counts.

Voter information from League of Women Voters of Ohio

Voting rights updates across the country from the national ACLU

Election reform and voting rights blog by Dan Tokaji, ACLU of Ohio board member, volunteer attorney, and voting rights advocate

Information and insight on the laws governing federal, state, and local elections from Ohio State University's Moritz College of Law

Read From Registration to Recounts: The Election Ecosystems of Five Midwestern States, published by Election Law @ Moritz.

While Ohio restores voting rights to people convicted of felonies, many states do not, garnering international condemnation. Read Concluding Observations of the Committee on the Elimination of Racial Discrimination. Also see the ACLU report Race & Ethnicity in America: Turning a Blind Eye to Injustice.

Read voting rights press releases and news articles in our News Center.