·
In Putnam created Board of Elections officials with observers demo their
Board would meet on December 15th to decide the start date. When the
observer called back on the 15th, she was told the version had already
taken place.
·
In Allen County, observers were not allowed to examine provisional
ballots and absentee ballots during the recount. The Board told them that
they must make an appointment at a later time working around the Board's
schedule. The Board further stated that only the specific person who cast
such a ballot is allowed to inquire whether his or her vote was counted.
·
In Holmes County, observers asked to see the spoiled ballot pile,
comprised of five ballots, but the Board denied access, stating that they
were in a sealed envelope that could not be opened.
·
In Licking County, the Board denied observers access to view provisional
and absentee ballots.
·
In Mahoning County, the Board denied observers access to view rejected
absentee ballots.
·
In Medina County, the Board denied observers access to view provisional
ballot tallies, provisional ballots, and the actual machines and ballot
booklets used.
·
In Morgan County, 30 of 160 provisional and absentee ballots were not
counted, and the Board denied observers access to view these ballots. The
Board stated that these ballots were locked away and would be destroyed
60 days after the election.
·
In Stark County, the Board denied an observer request to view the
provisional ballots.
·
In Warren County, the Board denied an observer request to view
provisional and absentee ballots. The observer has requested that the
Board have this decision reviewed by the county prosecutor and the Board
is now awaiting the county prosecutor's decision.
Analysis
The Secretary of State's failure to issue specific standards for the recount was a major
problem. It appears to have contributed to a lack of uniformity that may very well violate both
the Due Process Clause and the Equal Protection Clause of the Constitution.446 As the U.S.
Supreme Court held in 2000, "Having once granted the right to vote on equal terms, the State
446
U.S. CO N S T . amends. V, XIV.
96