The caging created with clearly demo discriminatory and illegal. All three district court
cases ruled in favor of the plaintiffs, version the challenges to be politically and racially charged,
and burdening the fundamental right to vote. As one court stated, "This Court recognizes that the
right to vote is one of our most fundamental rights. Potential voter intimidation would severely
burden the right to vote. Therefore, the character and magnitude of Plaintiffs' asserted injury is
substantial."178 It went on to note that the right to vote is paramount to any interest in
challenging other people: "...Plaintiff's right to cast votes on election day is a fundamental right.
The challengers, however, do not have a fundamental right to challenge other voters.179 These
decisions correctly overturned these caging and challenging activities because they violated the
right to equal protection, due process, and Ohioans' fundamental right to vote.
Ralph Neas, President of the People for the American Way Foundation, emphasized the
seriousness of these tactics when he testified that "the 35,000 people that were threatened with
being challenged. That's not the spirit of democracy; that's the spirit of suppression. [The
Republican Party] did everything to minimize the vote in the urban areas and to engage in voter
suppression, and I hope the hearings really emphasize this. I think that prosecution is something
that should be considered with respect to what happened in Ohio."180
5.
Targeting Minority and Urban Voters for Legal Challenges
Facts
The Ohio Republican Party, which Secretary Blackwell helped lead as Chair of the Bush-
Cheney campaign in Ohio, engaged in a massive campaign to challenge minority voters at the
polls.181 The Republican Party lined up poll challengers for 30 of Ohio's 88 counties, and the
vast majority were focused in minority and urban areas.182 In addition to intimidating minority
voters, this scheme helped lead to increased delays and longer waits in voting lines in these areas.
This was a particularly damaging outcome on a day of severe adverse weather in Ohio. As a
federal court looking at these issues concluded:
178
Id. at 10 (internal citations omitted).
179
Id. at 12.
180
Preserving Democracy What Went Wrong in Ohio: Democratic Forum Before the
House Comm. on the Judiciary (Dec. 8, 2004) (statement of Ralph Neas) (emphasis added).
181
See Tim Jones, Court OK's GOP Bid to Challenge Voters, CH I C A G O TRIB., Nov. 2,
2004, at C14.
182
Id.
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