Congresswoman Tubbs Jones Demands That Blackwell Reverse Directive on Provisional Balloting in Ohio
Wednesday September 22, 3:54 pm ET

CLEVELAND, Sept. 22 /PRNewswire/ Today Congresswoman Stephanie Tubbs Jones sent a letter to Secretary of State Kenneth Blackwell demanding that his most recent directive concerning provisional ballots be reversed. This ruling has the potential to disenfranchise tens of thousands of Ohio voters during the November election.

Over 700,000 individuals are newly registering or requesting s to their voter registrations status throughout Ohio. With local boards of elections scrambling to process the new voter information the likelihood of errors are increased. "A substantial number of Ohioans will not even be informed of their correct polling place because of clerical errors. Consequently, the likelihood of people being a bit confused on Election Day is great," Tubbs Jones states in her letter to Blackwell.

Blackwell's directive places the discretion of who gets a provisional ballot in the hands of local precinct judges instead of more appropriate senior election officials. Congresswoman Tubbs Jones continues, "Your directive fails to grant equal protection to minorities, youth and persons with low income, all of whom move more frequently and therefore are put at greater risk of losing his/her vote because of your decision."

The provisional ballot, as outlined in the Help America Vote Act (HAVA) is a mechanism put in place to ensure that all citizens are given an opportunity to vote. A clearly stated intention of the act, which can found on the Ohio Secretary of State's web-site, http://www.sos.state.oh.us/sos/hava/basics1.htm , reads as follows, "you will find it easier to cast a provisional ballot if poll workers are unable to find your name on the voter registration list."

The following letter was sent to the office of J. Kenneth Blackwell by Congresswoman Stephanie Tubbs Jones:

    September 22, 2004
    J. Kenneth Blackwell
    Ohio Secretary of State
    180 E. Broad St. 16th Floor
    Columbus, Ohio 43215
    Dear Secretary Blackwell,

I am writing to demand that you reverse your directive on provisional ballots, which is likely to disenfranchise tens of thousands of Ohio voters during the November election. Your ruling undermines the most fundamental right we enjoy as American citizens the right to vote.

It is my understanding that over 700,000 individuals are newly registering or requesting s to his/her voter registrations status throughout Ohio with nearly 200,000 of them here in Cuyahoga County alone. In addition, a substantial number of Ohioans will not even be informed of their correct polling place because of clerical errors. Consequently, the likelihood of people being a bit confused on Election Day is great.

Your directive imposes a narrow and unduly restrictive interpretation on what constitutes a "legally qualified elector" for federal, state and countywide offices and issues. You further place the discretion of who gets a provisional ballot in the hands of local precinct judges instead of more appropriate senior election officials. All together, your directive fails to grant equal protection to minorities, youth and persons with low income, all of whom move more frequently and therefore are put at greater risk of losing his/her vote because of your decision.

As a citizen, judge, county prosecutor and now as Congresswoman, my concern for this issue is both broad and deep. I understand our rights as voters as well as the importance of the proper application of the law. The provisional ballot, as outlined in the Help America Vote Act (HAVA) is a mechanism put in place to ensure that all citizens are given an opportunity to vote. Your interpretation of HAVA is absolutely contrary to the spirit of this law and to your own statements in the state HAVA plans of June 2003.

Is Ohio destined to be the Florida of 2004 where tens of thousands of votes will be discarded because of a state sponsored system that lacks both integrity and proper accountability? Unfortunately Mr. Blackwell, your ruling on provisional ballots is yet another sad example in a long list of tactics that have been used to discourage, disrupt and discount the votes of ordinary American citizens.

I'm deeply disappointed that this latest form of voter suppression comes from you as Ohio's chief election officer. Your decision on provisional ballots must be reversed to fully protect every Ohioan's right to vote.

    Sincerely,
    Congresswoman Stephanie Tubbs Jones
    Ohio 11th Congressional District