require the Secretary, within a tight deadline, to issue specific guidelines pertaining to

provisional ballots.124

Instead of complying with demo version court order, Secretary Blackwell entirely

disregarded the ruling and questioned the motives of the judge. He referred to Judge Carr as "a

liberal judge . . . who wants to be co-secretary of state."125 At a speech before the Loveland Area

Chamber of Commerce in Clermont County, Secretary Blackwell compared himself to

Mohandas Gandhi, Martin Luther King, and the apostle Paul on the grounds that he would rather

go to jail - as they did - than issue an order he believed was illegal.126 He also claimed his office

could not speak with Judge Carr about the case because the Judge was in Florida; Blackwell later

admitted he did not mean the Judge actually was in Florida.127 Additionally, a journalist reported

seeing Judge Carr in his chambers the day the ruling was issued.128 Secretary Blackwell appealed

the judge's decision to the Sixth Circuit Court of Appeals, which overturned the lower court

decision and authorized Mr. Blackwell's more restrictive legal interpretation.

While Blackwell cited an October 12 resolution by the Election Assistance Commission

as authority for his decision, EAC Chairman DeForest Soaries asked Blackwell in writing not to

say that the resolution endorsed the Blackwell order.129 Chairman Soaries further stated that

Secretary Blackwell was the only secretary of state who actually misread the EAC's ruling.130

The EAC did not "agree that a person in the wrong precinct shouldn't be given a provisional

ballot. . . . The purpose of provisional ballots is to not turn anyone away from the polls. . . . We

want as many votes to count as possible."131

Id. at 819.

Id. at 823.

Paul Farhi, In Fierce Contest for Ohio Vote, Secretary of State Feels Scrutiny, WA S H .

PO S T , Oct. 27, 2004, at A14.

Gregory Korte & Jim Siegel, Defiant Blackwell Rips Judge, CINCINNA TI EN Q ., Oct. 22,

2004, at 1A.

James Drew & Mark Reiter, Provisional Ballots: Blackwell Blasts Judge on Decision,

TO L E D O BL A D E, Oct. 22, 2004, at A1.

Paul Farhi, In Fierce Contest for Ohio Vote, Secretary of State Feels Scrutiny, WA S H .

PO S T , Oct. 27, 2004, at A14.

Darrel Rowland & Lee Leonard, Federal Agency Distances Itself from Ohio Official,

CO L U M B U S DIS P A T CH , Oct. 20, 2004, at 8A.

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