Based on publicly available information nearly 600,000 eligible voters could be placed on a caging list and challenged on Election Day, which could then result in their removal from the voter rolls without due process, in accordance with Ohio law. Ohio counties with largest numbers of returned notices prior to 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 compile into a list any notices that are returned as undeliverable. These lists, in turn, are available as public records to any individual or group seeking to use the list as a "caging list" to challenge voters.
p> The amended challenge law no longer requires the county boards to provide Ohio voters with notice that they are being removed from the voting rolls or a hearing for them to defend themselves of a challenge. Rather, the Ohio law permits the boards to review their own records and make a determination to the validity of the challenge.This law was effective beginning 2006 and covers all primary, general, and special elections from 2006 through the November 2008 General Election. Advancement Project finds it extremely interesting, that this law "sunsets" effective January 1, 2009.
"A single returned piece of mail is not a reliable basis for challenging the right to vote," said Donita Judge, Ohio staff attorney, Advancement Project. "Mail may be returned for many reasons, including errors in the database from which the mailing is derived, errors in the mailing labels, failure to include an apartment number or poor matching criteria."…Advancement Project anticipates that significant number of voters of color will be included on the county generated caging lists because census data indicates that they move more frequently than whites. Furthermore, in light of the fact that college students change residences frequently, it is anticipated that large numbers of young voters will be included on the lists as well.
"Voter suppression and intimidation is driven by a desire to maintain the status quo, concluded Judge." "These acts are carried out in an effort to deprive certain Americans, especially those most marginalized, of a voice in our democracy. Election Day is the great equalizer – it is the one day where if all was right in our democracy, it would not matter if a person is rich, poor, black, white, educated or not, we all would have the same amount of power."
Was the 2004 Election Stolen?
Republicans prevented more than 350,000 voters in Ohio from casting ballots or having their votes counted — enough to have put John Kerry in the White House.…The reports were especially disturbing in Ohio, the critical battleground state that clinched Bush’s victory in the electoral college. Officials there purged tens of thousands of eligible voters from the rolls, neglected to process registration cards generated by Democratic voter drives, shortchanged Democratic precincts when they allocated voting machines and illegally derailed a recount that could have given Kerry the presidency. A precinct in an evangelical church in Miami County recorded an impossibly high turnout of ninety-eight percent, while a polling place in inner-city Cleveland recorded an equally impossible turnout of only seven percent. In Warren County, GOP election officials even invented a nonexistent terrorist threat to bar the media from monitoring the official vote count…
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