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By Stephanie Warsmith
Beacon Journal staff writer
POSTED: 10:56 p.m. EST, Nov 17, 2009
Some Summit County residents are calling for a ''revote'' in communities with ballot shortages in the Nov. 3 election.
That won't happen.
Ohio law doesn't permit a revote. Instead, voters must go to court to challenge election results, the Ohio Secretary of State's Office said.
''Although there is no provision of Ohio law that allows an election to be re-held or 'revoted' for any reason, a qualified elector may bring a judicial action known as a 'contest of election,' '' Gretchen Quinn, an attorney for the secretary of state's office, said in a recente-mail.
Quinn was responding to an e-mail from Dennis Rogers of Akron, who said he thought some Summit County residents had been denied their right to vote.
''I think there should be a revote in those areas,'' Rogers wrote.
A ballot shortage in the Nov. 3 election resulted in some Summit County precincts running out and voters waiting for hours — with some leaving in frustration without voting. More than one in five of the county's precincts ran short of ballots.
If any Summit County voters are looking to challenge the election results, they'll have to hurry. The elections board approved provisional and absentee ballots Tuesday and will certify the election next Tuesday.
The board did not discuss the ballot shortage at its Tuesday meeting, the first since the election.
The ballot problems caught the attention of state Rep. Mike Moran, D-Hudson, who recently got an amendment added to a sweeping elections reform bill. The amendment would require counties like Summit, which use paper ballots scanned into computers, to have additional ballots on hand in case of shortages on Election Day.
''We need to have enough ballots,'' said Moran, whose home city also had a ballot shortage.
The House is expected to vote on the election legislation today. The bill then would go to the Republican-controlled Senate, where it likely will face an uphill battle.
Many of the Summit County voters upset with the ballot shortage live in Tallmadge. Those speaking up were opposed to a school levy that passed.
One Tallmadge precinct had a shortage of 251 ballots; the unofficial vote had the levy passing by 205 votes.
Melanie Wasson, a Tallmadge voter, questions whether the election was ''rigged,'' because voters in the precinct that was short 251 ballots previously had rejected the school levy. She said many Tallmadge voters feel ''duped.''
Quinn said the Summit board followed state law, which requires counties to order ballots equal to at least 5 percent more than the number of voters in the last general election.
Quinn said voters can file a ''contest of election'' in court on ''the issue of whether irregularities occurred in the conduct of an election that could change or make uncertain the results of the election.'' She said the court cannot order a new election but may set aside the results of the election.
No one has filed court action challenging the election results, said Marijean Donofrio, director of the Summit elections board.
Donofrio said the board will make sure enough ballots are ordered in future elections to avoid the widespread shortages it had Nov. 3. She said the board also will discuss what happened with poll workers and how they should respond if there are any ballot shortages in the future.
Donofrio credited poll workers for taking initiative to help voters. She said some poll workers took voters' phone numbers and notified them when ballots were available. When one precinct ran short of ballots at the end of Election Day, a poll worker had a voter use a sample ballot that had been posted on the wall.
''Resourceful,'' Donofrio said.
The elections board voted Tuesday to remake this ballot, which will be counted.
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com.
Some Summit County residents are calling for a ''revote'' in communities with ballot shortages in the Nov. 3 election.
That won't happen.
Ohio law doesn't permit a revote. Instead, voters must go to court to challenge election results, the Ohio Secretary of State's Office said.
''Although there is no provision of Ohio law that allows an election to be re-held or 'revoted' for any reason, a qualified elector may bring a judicial action known as a 'contest of election,' '' Gretchen Quinn, an attorney for the secretary of state's office, said in a recente-mail.
Quinn was responding to an e-mail from Dennis Rogers of Akron, who said he thought some Summit County residents had been denied their right to vote.
''I think there should be a revote in those areas,'' Rogers wrote.
A ballot shortage in the Nov. 3 election resulted in some Summit County precincts running out and voters waiting for hours — with some leaving in frustration without voting. More than one in five of the county's precincts ran short of ballots.
If any Summit County voters are looking to challenge the election results, they'll have to hurry. The elections board approved provisional and absentee ballots Tuesday and will certify the election next Tuesday.
The board did not discuss the ballot shortage at its Tuesday meeting, the first since the election.
The ballot problems caught the attention of state Rep. Mike Moran, D-Hudson, who recently got an amendment added to a sweeping elections reform bill. The amendment would require counties like Summit, which use paper ballots scanned into computers, to have additional ballots on hand in case of shortages on Election Day.
''We need to have enough ballots,'' said Moran, whose home city also had a ballot shortage.
The House is expected to vote on the election legislation today. The bill then would go to the Republican-controlled Senate, where it likely will face an uphill battle.
Many of the Summit County voters upset with the ballot shortage live in Tallmadge. Those speaking up were opposed to a school levy that passed.
One Tallmadge precinct had a shortage of 251 ballots; the unofficial vote had the levy passing by 205 votes.
Melanie Wasson, a Tallmadge voter, questions whether the election was ''rigged,'' because voters in the precinct that was short 251 ballots previously had rejected the school levy. She said many Tallmadge voters feel ''duped.''
Quinn said the Summit board followed state law, which requires counties to order ballots equal to at least 5 percent more than the number of voters in the last general election.
Quinn said voters can file a ''contest of election'' in court on ''the issue of whether irregularities occurred in the conduct of an election that could change or make uncertain the results of the election.'' She said the court cannot order a new election but may set aside the results of the election.
No one has filed court action challenging the election results, said Marijean Donofrio, director of the Summit elections board.
Donofrio said the board will make sure enough ballots are ordered in future elections to avoid the widespread shortages it had Nov. 3. She said the board also will discuss what happened with poll workers and how they should respond if there are any ballot shortages in the future.
Donofrio credited poll workers for taking initiative to help voters. She said some poll workers took voters' phone numbers and notified them when ballots were available. When one precinct ran short of ballots at the end of Election Day, a poll worker had a voter use a sample ballot that had been posted on the wall.
''Resourceful,'' Donofrio said.
The elections board voted Tuesday to remake this ballot, which will be counted.
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com.
Comments
Click here to post your comments
Posted 11:33 PM, 11/17/2009
Summit County BoE... Just run an overpaid employee a few blocks over to Kinko's. Make COPIES.... Have each voter who uses one of the reproduced ballots sign that ballot (above the official signatures) to ensure authenticity, as their signature is already on file.
tallmadge, oh
Posted 01:00 AM, 11/18/2009
The voters in Tallmadge had a choice they could have came back to vote or waited for more ballets to be delivered if they choose to go home and not vote that is on them. And for every one who voted yes on the school levy thank you are kids need there education.
Tallmadge, OH
Posted 05:57 AM, 11/18/2009
Logical American:
We don't live in Falafelstan.
akron, oh
Posted 06:06 AM, 11/18/2009
Big Government at all cost.momofj&m in need you need to go back to school. OUR kids not ARE kids
akron, oh
Posted 12:21 PM, 11/18/2009
momofj&m
tallmadge, oh
Posted 01:00 AM, 11/18/2009 The voters in Tallmadge had a choice they could have came back to vote or waited for more ballets to be delivered if they choose to go home and not vote that is on them. And for every one who voted yes on the school levy thank you are kids need there education.
Can we see where those people in tallmadge need a better education
"ARE" kids need their education?
Norton, Oh
Posted 12:33 PM, 11/18/2009
Bubblehead... After reading an array of your posts, I don't feel that youn even know what planet you are on. (go ahead.. google it so you can reply)
my city, Oh
Posted 05:29 PM, 11/18/2009
Mom of J&M
The voters of Tallmadge had the RIGHT to vote when they were at the polls. Many voters had other responsibilities that they had to tend to and were not able to wait for hours for ballots nor should they have had to. If they were there when the ballots were open they should have been able to vote at that time. This is wrong and everyone knows it. There should be a revote. If they have a revote and the levey still passes and they have enough ballots for everyone to cast their votes. Then we as Tallmadge citizens will deal with that. But shorting voters of their RIGHT to vote when they chose to go to the polls is not fair.
