Vigilant Verification Necessary in Ohio
Voter Protections Newsletter Volume 3 Issue 1
August 20, 2008
Based on publicly available information nearly 600,000 eligible voters could be placed on a "caging list" and challenged, which could result in their removal from the voter rolls without due process. Ohio counties with the largest numbers of returned notices prior to the March 2008 presidential primary are Cuyahoga, Franklin, Hamilton, Lucas and Summit.
In 2005, Ohio's General Assembly introduced legislation, House Bill 3 (H.B.3) that overhauled Ohio's election system. H.B. 3, in part, requires voter information mailings and amends Ohio's challenge statute(s). In particular, it requires that 88 county boards of election mail all Ohio registered voters a non-forwardable notice 60 days before the election. Each board must mark the names of the voters whose notices were returned as undeliverable. These names, in turn, are available as public records to any individual or group seeking to use the names as a "caging list" to challenge voters.
The law does allow for the possibility that groups will use a “caging list” to challenge voters in certain zip codes. In 2004, the voters appearing on some caging lists were disproportionately African American.
The amended challenge law no longer requires that county boards of election provide Ohio voters with notice that they are being removed from the voter rolls nor does it allow a hearing for them to defend themselves against a challenge. Rather, the Ohio law permits the boards to review their own records and make a determination as to the validity of the challenge.
A single returned piece of mail is not a reliable basis for denying someone the right to vote. Advancement Project is telling voters that they must remain vigilant and verify their voting status before they show up to the polls on November 4th.
Click here to listen to the radio public service announcement.
