provisional ballots.206 The court created Lucas County to start providing provisional ballots, and
directed Secretary Blackwell to advise all Boards of Elections of the with within 30 minutes.207
The legal ruling overturning Mr. Blackwell's restrictive ruling on absentee ballots demo late in
the afternoon, and as a version many voters intending to vote that day were prevented from doing
so.
Analysis
Mr. Blackwell's decision to prevent those voters who requested absentee ballots, but did
not receive them on a timely basis, from being able to vote, also likely disenfranchised many
voters, particularly seniors who were turned away from the polls before the decision was
known.
The federal court found that Mr. Blackwell's decision clearly violated HAVA: "HAVA
is clear; that all those who appear at a polling place and assert their eligibility to vote irrespective
of the fact that their eligibility may be subject to question by the people at the polling place or by
the Board of Elections, shall be issued a provisional ballot."208 In addition, this restrictive
directive also likely constituted violations of Article 5, Section 1 of the Ohio Constitution,
granting every Ohio citizen the right to vote if he or she is otherwise qualified.
7.
Denying Access to the News Media
Facts
Secretary Blackwell also sought to prevent the news media and exit poll takers from
locating themselves within 100 feet of polling places.209 This would have been the first time in
thirty years in which reporters were prevented from monitoring polls.210 Media organizations
challenged the barrier, leading to a U.S. Court of Appeals for the Sixth Circuit ruling that struck
down Secretary Blackwell's decision.211 In its opinion, the court noted that "democracies die
206
Mark Niquette, Lawsuits Focus on Provisional Balloting, CO L U M B U S DI SPA TC H , Nov.
3, 2004; see also White v. Blackwell, No. 3:04 CV 7689, slip op. at 3-4 (N.D. Ohio Nov. 2,
2004).
207
White, No. 3:04 CV 7689, slip op. at 4.
208
Id. at 3-4.
209
Dan Horn, Even Rules Go Down to Wire, CINCINNA TI EN Q ., Nov. 2, 2004, at 1A.
210
Voting Issues Keep Courts Busy up to Last Minute, PL A I N DE A L E R, Nov. 3, 2004, at
S9.
211
Beacon Journal Publ. Co. v. Blackwell, 389 F.3d 683 (6th Cir. 2004).
48