What LWVO v Brunner Settlement Means for Ohio Voters
The settlement of League of Women Voters of Ohio v. Brunner moves the Ohio election system beyond the disturbing images from past elections that are ingrained in Americans' consciousness. This landmark agreement will ensure that the administration of elections is uniform and consistent across the state and ensure that all Ohioans have equal access to the ballot box.
Below are the key elements of the settlement.
Pre-Election Planning
- In advance of the election, each county Board of Election (BOE) will issue a Pre-Election Administration Plan explaining how the BOE will address critical matters such as:
- Resource Allocation (e.g., plans for numbers and distribution of voting equipment);
- Security (maintaining security and integrity of ballot materials, voting equipment, and the like);
- Election Day Communication (plans for communication among poll workers, BOE, Secretary of State, and the public);
- Election Day Contingencies (addressing, at a minimum, shortages of voting equipment and poll worker absences).
- The Secretary of State is responsible for reviewing these plans to determine whether election planning meets SOS planning requirements.
- BOEs will be required to distribute paper ballots in the event of long lines at polling places, and the Secretary of State will study the feasibility of establishing a maximum wait time for voters.
- The Secretary will issue recommended Best Practices to BOEs on layout and operation of polling locations that include more than one precinct, and will annually notify BOEs when precinct size exceeds the statutory maximum
Provisional Ballots and Absentee Ballots
The Secretary of State will study and report on why provisional ballots were not counted in the 2008 general election and make best efforts to reduce uncounted provisional ballots; will require pre-election reports from BOEs on absentee ballot processing; and will study and report on drop-offs between ballot applications submitted and ballots returned.
Poll Worker Training and Recruitment
- All BOEs will be required to use the uniform poll worker training materials and manual developed by the Secretary of State, with particular attention to proper use and processing of provisional ballots and proper administration of voter identification requirements.
- All BOE Members, Directors and Deputy Directors will receive training from Secretary of State personnel.
- The Secretary will supplement poll worker recruitment through comprehensive outreach to high school seniors, partnerships with business, and development of college and university outreach.
Post-Election Reporting
To allow for better election planning, the Agreement requires a variety of data collection and assessment efforts, including:
- Continued submission of post-election data at the precinct level by Cuyahoga, Franklin, Hamilton, Montgomery, Lucas, Stark, Mahoning, and Summit Counties, addressing the same reporting requirements currently part of the federally-funded November 2008 data collection program;
- Post-election data from each BOE on voter registration, ballots cast, ballots counted, provisional ballots, absentee ballots, military and overseas ballots, and voting equipment problems and malfunctions;
- Monitoring and assessment of poll worker performance by the BOEs.
Voter Registration
Field staff from Secretary of State's office will at least annually make visits to each BOE for personal observation of the processing of registration applications to confirm that applications are being processed in a timely, reliable, accurate, efficient, and professional manner.
Disability Access
The Secretary will maintain a variety of improvements to ensure access for voters with disabilities, including:
- Requiring BOEs to provide signed certifications of compliance with statutory access requirements, and rigorously scrutinizing requests for exemption;
- Assigning staff to work with BOEs on Americans with Disabilities Act compliance and polling place accessibility;
- Maintaining an advisory committee for voters with disabilities.
Voting Technology and Security
Improvements to be maintained in the area of voting technology and security include procedures for post-election audits of ballots; procedures requiring paper ballots in event of touch-screen machine breakdown; statewide standards for Logic and Accuracy testing of tabulating machines, statewide standards for Voter Verified Paper Audit Trail quality and handling; security procedures for components of voting systems; and statewide standards on physical security of voting equipment.
Statewide Voter Registration Database
The settlement does not resolve plaintiffs' claims relating to implementation of Ohio's statewide voter registration database. The Secretary's office currently is examining and refining the processes by which voter information contained in the statewide voter registration database is compared with information contained in Bureau of Motor Vehicle and Social Security Administration databases. The Agreement requires the Secretary to provide an initial report on the status of voter registration database issues by December 31, 2009, and requires plaintiffs to wait until January 15, 2010, before recommencing any litigation of their database claims.
Duration of Settlement Agreement and Enforceability
The terms of the Agreement will remain in effect until January 11, 2015, and any claims arising out of the Agreement will be heard by Chief Judge James G. Carr of the United States District Court for the Northern District of Ohio.
