Veterans For America

Veterans’ Group Warns Against Federal Court Order that Could Disenfranchise Thousands of Ohio Veterans and Deployed Troops

Veterans for America Asks to Intervene in Federal Suit Seeking Restraining Order

WASHINGTON, DC – Veterans for America, a non-partisan national advocacy and humanitarian group representing the interests of servicemembers and veterans, today will ask a federal judge in Ohio for permission to intervene in an 11th-hour lawsuit that threatens to disrupt the voting process and potentially invalidate thousands of votes already cast, and yet to be cast, by veterans and deployed military personnel.

In papers to be filed in federal district court in Columbus, VFA urges the court to reject a request for a temporary restraining order that would prevent any Ohio voter from filing an absentee ballot within 30 days of becoming registered, even if the voter is registered for 30 days prior to Election Day.

“We hope the court recognizes the significant impact such a restraining order will have upon all citizens, and especially those troops serving overseas,” said Bobby Muller, President of Veterans for America. “Granting Plaintiffs’ request will not just disenfranchise residents who have yet to vote, but will nullify the votes of many servicemembers who have already requested their absentee ballots.”

At issue is an Ohio law which requires a citizen to be registered to vote for 30 days in order to be an eligible voter on Election Day. Under the current interpretation of this law, a voter can register to vote and request an absentee ballot on the same day provided the process takes place at least 30 days before Election Day.

Consistent with Ohio law, the Secretary of State established procedures enabling voters to simultaneously register to vote and cast an absentee ballot during a 7-day period from September 30 to October 6. The procedure has been available for at least 25 years, but expanded in 2006 when the legislature allowed any Ohio citizen to vote absentee for any reason.

Now, just four days before the window begins this year, plaintiffs filed suit claiming that a person cannot receive an absentee ballot unless 30 days have elapsed from when he or she has registered to vote.

“This legal ploy will end up blocking far more votes than just those cast during the 7-day gap,” Muller explained. “Our servicemembers and veterans deserve better than this rush to the court.”

VFA also noted that its intervention is especially critical in light of the fact that attorneys have asked to bar the veterans’ group from submitting a brief in a similar legal challenge filed in the State Supreme Court, on technical grounds stemming from the haste of the lawsuit there. “We are disappointed that anyone would use a last-minute rush to court to try to silence military veterans, in court or at the ballot box,” added Muller.

In addition to impeding voters during the 7-day gap, the veterans’ group argues that “the necessary consequences of the plaintiffs’ interpretation of Ohio law…would threaten far more sweeping harms to many other voters, including significant numbers of military personnel and disabled veterans who depend on absentee voting.” For instance, a restraining order would also impede:

• Voters who have already submitted applications for absentee ballots prior to being registered for 30 days;
• Voters – especially overseas military personnel – who submit registration forms near the October 6th deadline because, as a practical matter, there would be no time to submit an absentee ballot application, receive their ballot and return their ballot by election day;
• Voters who submit registration forms near the October 6th deadline because they would not have their registration form processed 30 days before election day, and therefore might not be allowed to vote either absentee, or in person.

In addition, VFA noted that there are no guidelines for county election boards to use to determine whether a voter did in fact wait for 30 days after the registration.

VFA asserts that the Secretary of State properly relies on the common-sense notion that a person who files an absentee ballot does not actually vote until Election Day when the ballot is opened and tabulated.