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November 1, 2004
Federal Judges Bar Voter Challenges In Ohio

This is very good news.

United States District Judge Susan J. Dlott in Cincinnati, who was appointed by President Bill Clinton, found that the application of Ohio's statute allowing challengers at polling places was unconstitutional and that allowing any challengers other than election judges and other electors into the polling place would place "an undue burden upon voters" and impede their right to vote.

In a similar case, United States District Judge John R. Adams of Akron, who was appointed by the current President Bush, said poll workers should be the ones who determine if voters are eligible.

The rulings apply to all Ohio's 88 counties, a spokesman for Secretary of State J. Kenneth Blackwell, Carlo LoParo, told The Associated Press. Republicans promptly filed an appealed with the United States Court of Appeals for the Sixth Circuit, which includes all of Ohio.

With the rulings, the two district-level judges made clear that they did not want partisan ballot challengers inside polling places, and that they believed that the disruption that such challenges would create outweighed any potential voting fraud, which Republicans have cited as the reason for the challengers.

New York Times

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