Ohio Sec of State Blackwell Issues New Voter Registration Edict

Critics of Ohio’s new election law say Secretary of State J. Kenneth Blackwell has implemented rules that make it more difficult to register voters than the law itself does. At a hearing yesterday, some said Blackwell’s rules would shut down voter-registration efforts in Ohio that use paid workers. Afterward, state Democrats said the rules were reminiscent of Blackwell’s 2004 edict that the paper for registration forms had to be a certain weight.

"The proposed rules from Secretary Blackwell are obstructing voter-registration efforts intended to help all Ohioans," said Raj Nayak, associate counsel at the Brennan Center for Justice, a nonpartisan, nonprofit research group at New York University School of Law.

"These rules will make it harder for Ohio citizens to register to vote and to exercise their fundamental right to the franchise."

Peg Rosenfield, elections specialist for the League of Women Voters, said she fears that the league and other voter-registration groups would have to abandon their efforts in Ohio.

"The combination of ambiguity and the restrictions — we don’t know what to tell people," Rosenfield said. "The bill is restrictive but (the rules) are more restrictive than the bill."

Particularly worrisome to voter advocates is that those who violate the new law could face criminal charges.

After the 90-minute public hearing, Elections Director Judith Grady revealed that the rules already had been put in place a month ago to implement House Bill 3, legislation enacted by the General Assembly late last year that supporters said would improve ballot security.

She said it was proper for Blackwell’s office to implement the rules before holding a public hearing and obtaining approval from the Joint Committee on Agency Rule Review, a bipartisan legislative body.

Grady would not respond to questions about the rules except to say that she and other staffers will review the concerns and can modify the rules before submitting them to the committee.

During the hearing, critics voiced concern about a provision in training materials issued by Blackwell, the GOP candidate for governor. It requires people who register voters to return forms directly to the state.

The problem, they said, is that voter-registration groups such as the League of Women Voters and labor unions often collect registration forms, check that they were completed properly and then submit them to county boards of elections or the secretary of state in bulk. Under the new rule, the person helping voters register would have to turn in the form personally.

"When the rules are more restrictive than the statute, it raises questions about the intent of the secretary of state," said Samuel Gresham Jr., executive director of Common Cause Ohio.

Hardest-hit, he said, will be the poor and minorities, because they rely most on voter registration efforts.

Exercising (one’s) right to vote should not be impeded by processes," the former Columbus Urban League leader said.

Brian Rothenberg, spokesman for the Ohio Democratic Party, said, "Once again, Blackwell has chosen a divisive path of voter suppression and legal sleight of hand to disenfranchise voting opportunity in Ohio."

Lee said the secretary of state is implementing the law as adopted by state legislators. Blackwell supports voter-registration efforts and believes the added measures will protect an individual’s right to vote, not impede it, Lee said.

"It is a noble endeavor to go through the community and make sure that everyone is taking advantage of their opportunity to vote," Lee said.

"But that said, there does need to be rules governing the process, and that’s what we’re dealing with."