Voter Election Reform Confusion

Just when you thought the RON ballot issues were long and confusing, we now have the Ohio Election Reform Bill. The House version of the Bill contained a requirement that:

In addition to these Ohio law provisions, HAVA currently imposes specific identification requirements on first-time electors in an election for federal office who registered to vote by mail. The bill adds identification provisions to Ohio law that generally mirror the federal law identification requirements (sec. 3505.18(A)(2)(a)).

Specifically, if the election for which the elector appears in a polling place to vote is an election for federal office, if the elector registered to vote by mail, and if the elector has not previously voted in an election for federal office in Ohio, the elector must announce to the precinct election officials the elector's full name and address and provide to them proof of identity in the form of a current valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the elector's name and address. If the elector does not provide to the precinct election officials any of the specified forms of identification, the elector may cast a provisional ballot as previously described (see "Provisional ballots for federal elections," above). (Sec. 3505.18(A)(2)(a).)

That is pretty straight forward and mirrors Federal Requirements under the Help America Vote Act of 2002.

However, the Senate Bill changed this. The Ohio Senate version of the bill requires all people to provide identification. There is some confusion within the bill, which is part of the reason some are trying to stall it. I'll give you one example.

Sec. 3505.18. (A)(1) When an elector appears in a polling place to vote , the elector shall announce to the precinct election officials the elector's full name and current address and provide proof of the elector's identity in the form of either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the elector.

With me so far? Seems not so complicated. But wait there's more....

(6) If an elector provides a form of photo identification that does not contain the elector's current residence address, the elector may cast a provisional ballot under section 3505.181 of the Revised Code.

But...it says right above that if you have or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the elector you can vote.

Then? Even more confusion....

Sec. 3505.181 B:(6) If, at the time that an individual casts a provisional ballot, the individual provides identification in the form of a current and valid photo identification, in the form of a current and valid photo identification but with the individual's former address instead of current address, or in the form of a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the individual's name and current address, or provides the last four digits of the individual's social security number, or executes an affirmation that the elector does not have any of those forms of identification or the last four digits of the individual's social security number because the individual does not have a social security number, or declines to execute such an affirmation, the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot or voter or address information under division (B)(3) of this section. If the individual declines to execute such an affirmation, the appropriate local election official shall record the individual's name and include that information with the transmission of the ballot under division (B)(3) of this section.

This also contradicts what is listed under the first section. This gives the impression that if you do not have a photo id then you will have to cast a provisional ballot which is NOT the way Sec. 3505.18 is worded.

It also states under Sec. 3505.18:

(B) After the elector has announced the elector's full name and current address and provided any of the forms of identification required under division (A)(1) of this section, (which is: (A)(1) When an elector appears in a polling place to vote he, the elector shall announce his to the precinct election officials the elector's full name and current address to the precinct election officials. He and provide proof of the elector's identity in the form of either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the elector) the elector shall write the elector's name and address at the proper place in the poll list or signature pollbook provided for the purpose, except that if, for any reason, an elector is unable to write his the elector's name and current address in the poll list or signature pollbook, the elector may make the elector's mark at the place intended for the elector's name, and a precinct election official shall write the name of the elector at the proper place on the poll list or signature pollbook following the elector's mark, upon the presentation of proper identification. The making of such a mark shall be attested by the precinct election official, who shall evidence the same by signing the precinct election official's name on the poll list or signature pollbook as a witness to the mark. Alternatively, if applicable, an attorney in fact acting pursuant to section 3501.382 of the Revised Code may sign the elector's signature in the poll list or signature pollbook in accordance with that section.

Confused? Who wouldn't be. Here we have conflicting information or the impression that I have which is if you have moved, since the DMV no longer gives you a new license but only records the new address you will in one section be able to vote if you provide the alternative documentation yet in just a bit lower in the same section you will NOT be able to vote except thru a provisional ballot.

This is the latest version of the bill, I'm sure they will correct it however, something this important that contains such conflicting information should be corrected and distributed before it is voted on. This is only one small part of the bill. There are other areas of concern as well.

I'm not sure they are severe enough to warrant this:

Jonathan Meier, a 23 year-old divinity student and Columbus resident, began a prayer vigil and hunger strike at the Ohio Statehouse to signal his disgust and distrust with the legislation. Meier says that the demonstration is his way of highlighting the injustice of House Bill 3.

“Most people don’t realize that this legislation, if passed by the senate next week, would make it virtually impossible for homeless folks t o vote, would make it virtually impossible for groups to register large numbers of voters, would eliminate oversight of voting machines, and would cancel our right to challenge election results.”

Why prayer and a hunger strike? Meier says that his faith calls him to “constantly pursue social justice and illuminate social ills, and, often, this call requires personal sacrifice.”

However it is enough to want to make sure since Election Reform is so important that it is done properly. If it was that important they should have been ready for this before the holiday break rather than trying to rush it thru. Rushing it thru will create a situation where if concerns like I've pointed out are not addressed this whole issue will have to be re-visited. Why not do it right the first time?

I've spoken with staff from both Senator Fedor and Senator Coughlin this morning. I wanted to make sure I had this in the proper context. If I get additional information I will update but as it stands right now? That is the way the bill is worded.

UPDATE: Beacon Journal reports on why the bill stalled in the House.