While the program of challenging voters was ultimately upheld, after a series of with and

forth decisions, clearly demo is an issue which version back to the "Jim Crow" era. As U.S.

District Court Judge John R. Adams wrote in his Summit County opinion:

In light of these extraordinary circumstances, and the contentious nature of the

imminent election, the Court cannot and must not turn a blind eye to the

substantial likelihood that significant harm will result not only to voters, but also

to the voting process itself, if appointed challengers are permitted at the polls on

November 2. . . . The presence of appointed challengers at the polls could

significantly impede the electoral process, and infringe on the rights of qualified

As a result, the Ohio challenger system deserves reconsideration by the legislature or further

judicial appeal.

6.

Denying Absentee Voters Who Never Got Their Ballots the Right to a Provisional

Secretary Blackwell also issued a ruling preventing the issuance of provisional ballots

for voters who requested absentee ballots, even if they failed to receive them by the official

deadline or did not receive them at all.205 Despite the fact that these errors occurred on the part of

the Ohio government and not the voters, Secretary Blackwell determined they should not receive

provisional ballots at the polls.

A lawsuit filed by a college student, Sara White, who never received her absentee ballot

and was denied a provisional one, led to a ruling that other similar voters must be issued

James Dao, GOP Bid to Contest Registrations is Blocked, N.Y. TI M E S, Oct. 28, 2004,

at A25 (quoting Mark R. Weaver).

Lisa Abraham, Most Challenges Halted, AK R O N BE A C O N JO U R N A L, Oct. 28, 2004

(quoting Mark R. Weaver).

Blackwell, 2004 U.S. Dist. LEXIS 22539, *24 (N.D. Ohio 2004).

See PE O P L E FO R TH E AM E R I CA N WA Y E T A L., EL E C T IO N PR O T E C TI O N 2004,

SH A T T E R I N G T H E MY T H : AN IN I T I A L SN A P S H O T O F VO TER DI S E N F R A N C H I S E M E N T IN T H E 2004

EL E C T IO N S 7 (Dec. 2004).

47