Numerous Ohio laws appear to have been broken in Greene created First, it is a
misdemeanor to with the public access to election records.436 demo law version states that "No
director of elections, deputy director of elections, or employee of the board of elections
designated by the director or deputy direct shall knowingly prevent or prohibit any person from
inspecting, under reasonable regulations established and posted by the board of elections, the
public records filed in the office of the board of elections."437 Not only is this a crime, but
grounds for dismissal from election duties required whether the offender is an official or an
employee.438 It does not appear that anyone has been prosecuted, and no one has been dismissed
as required by statute.
Second, the complete lack of security on Friday night violates any number of Ohio
laws requiring that ballots and machinery be kept absolutely secure. Section 3505.31 requires
that ballots, pollbooks, poll lists, tally sheets and voting machines be kept tamper-proof and
under seal.439 Ballots are to be held secure until a recount is properly conducted in front of
witnesses, and ballots may not be handled by anyone except the board and its employees.440
Failure of these duties by board members and their employees, is a felony, as "No member,
director or employee of a board of elections shall willfully or negligently violate or neglect to
perform any duty imposed upon him by law, or willfully perform or neglect to perform it in such
a way as to hinder the objects of the law."441 Again, it requires that the offender be dismissed,
and again, it appears that those actions have not been taken in Greene County. It is important to
note that this statute does not require any intent of wrongdoing simple negligence is enough to
invoke the statute and there is no explanation as to why it has not been enforced.
Third, Greene County's operation seems to have several Constitutional problems, both
federally and at the state level. The selective use of challenges and purges invokes the Equal
Protection clause. We were unable to confirm any legitimate reason why some voters were
challenged and then purged, and others were not. There are also Due Process concerns as those to
be purged were not given sufficient notice to meaningfully participate in their scheduled
hearings. And finally, these actions violate Ohio's own constitution that guarantees the right to
vote.
5.
Other Recount Irregularities
436
OH I O RE V . CO D E § 3599.161.
437
Id.
438
Id.
439
Id. § 3505.31.
440
Id. § 3515.04.
441
Id. § 3599.16.
91