Granted we all select the most relevant parts of an article to make our point, however when the same article demonstrates the premise of the post isn't valid? Once you click on the link to the article it's evident that there is more. If you haven't followed this issue, there is some discussion as to which address Ted and Frances Strickland should be using for purposes of voting. In some parts of the blogosphere, Right Angle Blog, as one example, it's being stated that this ruling could create a situation where Strickland is kicked off the ballot.
Yet, from the same Cleveland Plain Dealer article that has several paragraphs taken from it on Right Angle blog it clearly states:
The complaint seeking to boot Strickland from the voting rolls might endanger his right to vote in November, but is unlikely to disqualify him for the ballot, according to Ohio election law experts.
and:
Moritz College of Law professor Steve Huefner said the time to question Strickland's eligibility for the ballot was in the spring, when he filed his nominating petitions.
"It might be that a court presented with this would say that they don't have the jurisdiction to rule on this anymore," he said.
While the deadline to formally change his voter registration has passed, Strickland could also vote with a provisional ballot merely by showing up at the Franklin County Board of Elections and signing a form under oath declaring a Columbus voting address.
The challenge will hinge mainly on whether Strickland had a residence in Lisbon and an intention to return, according to Huefner. He called it "rather a high hurdle" to prove that Strickland does not plan to return to Lisbon.
The Columbus Dispatch doesn't even mention that aspect only stating:
A determination against the Stricklands would prevent them from voting in the upcoming election because the deadline to change their residency passed last week.
Even in the Dayton Daily News where law suits are being discussed it focuses on the issue of:
...over a challenge to Strickland's eligibility to vote.
So it can't be both ways, if Ted would be eligible to vote a provisional ballot if it is ruled he can't use the Lisbon address, that still makes him a "qualified elector" even under the strictest interpretation of the Ohio Constitution.
15.04 Who is eligible to office
No person shall be elected or appointed to any office in this state unless possessed of the qualifications of an elector.
5.01 Who may vote
Every citizen of the United States, of the age of eighteen years, who has been a resident of the state, county, township, or ward, such time as may be provided by law, and has been registered to vote for thirty days, has the qualifications of an elector, and is entitled to vote at all elections. Any elector who fails to vote in at least one election during any period of four consecutive years shall cease to be an elector unless he again registers to vote.
However, I do have to point out that this part of the Ohio Constitution could be open to some interesting interpretation on both sides of the political spectrum at times:
5.06 Idiots or insane persons
No idiot, or insane person, shall be entitled to the privileges of an elector.
:-)
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1 comment:
I brought this issue up months ago.
Basically, Strickland should have registered where his main residence is located.
Regardless, he is eligible for statewide office unless the courts judge that his petitions were fraudulent due to an "erroneous" address.
The reality is that it's nothing more than more PPP (Purely Partisan Politics).
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