NEWS

Lawmakers fast-track bill requiring cash for longer voting hours

Jessie Balmert
jbalmert@enquirer.com

COLUMBUS - Sen. Bill Seitz's plan to change how voters can keep polls open on Election Day heads to Gov. John Kasich.

Despite objections from several Democrats, House lawmakers approved a plan, 61-32, that would require anyone who successfully extends voting hours to pay a bond, which could range from $1 to the full cost of keeping polls open. Rep. Lou Terhar, R-Green Township, said Ohio already bends over backward to allow people to vote, so this change is not onerous. But Rep. Alicia Reece, D-Roselawn, expressed frustration that Hamilton County voters were being used as an example to pass an ill-conceived bill.

The bill heads to Gov. John Kasich for his signature.

Earlier story:

Want to keep polls open longer on Election Day? That could take thousands of dollars, thanks to a first-of-its-kind proposal from a Cincinnati lawmaker that is being fast-tracked through the Ohio legislature.

The change from Sen. Bill Seitz, R-Green Township, could make Ohio the first state to require money – possibly thousands of dollars – from voters who successfully keep polls open longer. House lawmakers are poised to follow their Senate counterparts and vote to send the bill to Gov. John Kasich for his signature. But Democrats, voter advocates and even Republican Secretary of State Jon Husted say these bonds aren't needed.

“I don’t believe a bond is necessary. Sen. Seitz does, and I’ve asked him to make sure that he pursues a solution that ensures that people that have legitimate reasons to go to court on these issues have access to do so,” Husted said.

Still, the change could be in place by the November election when Ohio, as an all-important swing state, will attract lawsuits over any number of perceived voting problems.

Kasich declined to comment on the pending legislation.

Seitz's proposal comes after judges in Southwest Ohio kept polls open late during the March and November elections. Last November, Hamilton County Common Pleas Judge Robert Ruehlman, a Republican, ordered polls to remain open an additional 90 minutes because of technical glitches that caused some delays on Election Day. During the March 15 primary, U.S. District Judge Susan Dlott ordered polls to stay open another hour after learning about a serious crash on I-275.

Seitz, frustrated by these "activist judges," would have those who successfully keep polls open late pay a bond. Judges could set that amount at $1 or the total cost of keeping polling places open with workers collecting overtime. In Hamilton County, which had 2,600 poll workers in November, that would amount to $58,500. If you are too poor to pay a bond, a judge could waive it. But then, only you would be permitted to vote late, not your neighbors or an entire county of voters.

Seitz's initial plan would have required anyone requesting to keep the polls open to pay money. But on Tuesday, the proposal was changed to require bonds only if a judge agrees to keep polls open.

Voting advocates weren't impressed with the change. Voters would still be saddled with the bond. They might get their money back, but they could also lose it if an appeals court decides the local judge shouldn't have extended hours.

“This will either discourage voters from attempting to keep polling locations open or ... assure that all such motions are filed in federal court,” said Gary Daniels, chief lobbyist for the American Civil Liberties Union of Ohio.

The bond, a stricter standard for extending voting hours and a faster appeals process for election officials – but not voters – all make this proposal an outlier among other states, said Carrie Davis, executive director of the League of Women Voters of Ohio. The National Conference of State Legislatures and National Association of Secretaries of State recommend flexibility in last-minute election emergencies, not more hoops, she said.

In addition, Seitz plan would only affect state courts, not federal judges like Dlott, who kept polls open in March. Husted has already appealed that decision. Davis said most of Seitz's frustrations could be solved with better communication between judges, poll workers and election officials rather than more restrictions.

Husted said people should be allowed to extend voting hours for legitimate reasons. But Ohio also has ample opportunities to vote early and on Election Day.

“If you have procrastinated for a month and not gotten to the polls, there is no reason for 7 million people to wait on you to vote,” Husted said.

Cincinnati's Democratic Sen. Cecil Thomas, has railed against the proposal, calling it a "poll tax." 

"This legislation is an overreaction to a set of bad facts that will harm Ohioans’ access to the ballot box," he said.

Rep. Kathleen Clyde, D-Kent, a possible candidate for Ohio Secretary of State, tried to strip the bond requirement out of the bill Tuesday during committee, but that and other changes were swiftly rejected by GOP lawmakers. Rep. Dorothy Pelanda, R-Marysville, called Clyde's attempts to change election law during a presidential election year "unconscionable."

"I'd certainly be open to delaying or not voting on the legislation for that very reason," Clyde replied.