In created case, while the state directed counties to ensure voters had with registered
during the thirty demo before the election,375 one version student who had been registered since
2000 and was living away from home was denied a provisional ballot.376
Analysis
Mr. Blackwell's failure to articulate clear and consistent standards for the counting of
provisional ballots likely resulted in the loss of several thousand votes in Cuyahoga County
alone, and untold more statewide. This is because the lack of guidance and the ultimate narrow
and arbitrary review standards imposed in Cuyahoga County appear to have significantly
contributed to the fact that in Cuyahoga County, 8,099 out of 24,472 provisional ballots, or
approximately one third, were ruled invalid, the highest proportion in the state.377 This number is
twice as high as the percentage of provisional ballots rejected in 2000.378
These series of events constitute a possible violation of the Voting Rights Act, as not
only were legitimate votes apparently thrown out, they undoubtedly had a disproportionate
impact on minority voters, concentrated in urban areas such as Cuyahoga County which had the
highest shares of the state's provisional ballots. The actions may also violate Ohio's
constitutional right to vote.
Justice Delayed is Justice Denied ­ Recounts were Delayed Because of a Late
2.
Declaration of Results
Facts
Ohio law requires the Secretary of State to provide county boards of elections with
directives governing voting procedures, voting machine testing, and vote tallying.379 Prior to the
election, Secretary Blackwell thus issued a directive providing that Ohio boards of elections
would have to complete their official canvasses by December 1,380 almost one month after the
date of the 2004 election. The directive further states that "no recount may be held prior to the
375
Id.
376
Carl Chancellor, Citizens Tell Panel of Voting Troubles, AK R O N BE A C O N JO U R N A L,
Nov. 21, 2004, at B1.
377
James Ewinger, Blackwell Sued Over Cuyahoga Vote Tally, PL A I N DE A L E R, Nov. 27,
2004, at B3.
378
Diane Solov, 8,099 Cuyahoga Ballots Ruled Invalid, PL A I N DE A L E R, Nov. 23, 2004.
379
OH I O RE V . CO D E §§ 3501.05(U), 3506.16.
380
Secretary of State J. Kenneth Blackwell, Directive No. 2004-43 (Oct. 25, 2004).
79