Third Circuit Rules Poll Challengers Not Allowed in Ohio
Feature Story by Ritu Kelotra - 11/2/2004
The Leadership Conference on Civil Rights today reminded poll workers, volunteers, and voters that the U.S. Court of Appeals for the Third Circuit has ruled against the Republican National Committee (RNC) in a third Ohio poll challenger case.The Ohio cases have addressed Republican efforts to send challengers to polling places in the state, which civil rights groups say intimidate minority voters and persons with disabilities.
The Third Circuit case involved a Consent Decree entered against the RNC that restricted its participation in "ballot security" programs.
"The Third Circuit opinion makes clear that the RNC worked in close concert with the Ohio GOP to assemble lists of voters to challenge," said Nancy Zirkin, deputy director of LCCR. "They were required to check with the courts before assembling the lists, according to a 20-year-old consent degree, and they violated that requirement."
The appeals court denied a stay of the order of Senior District Court Judge Dickinson R. Debevoise, which found that the RNC had violated the terms of the Consent Decree in designing its ballot security activities, whose "purpose or significant effect", the court determined, were to deter qualified voters from voting. The order states that the RNC may not use a list of 23,000 names to challenge voters because it unfairly targets minority voters. The RNC said the list was compiled from mail sent and returned from registered voters.
"This means that in Ohio, poll challengers are not allowed to challenge voters based on names obtained by returned mail," Zirkin said.
LCCR reminded the public that for now the Third Circuit ruling applies, though there has been word that Republicans are appealing for an "en banc" review.
