Obama For America filed a motion Wednesday asking a federal court to enforce three days of early voting in Ohio before the 2012 election.
The motion came in response to a directive issued by Ohio Secretary of State Jon Husted, who stated that new voting hours would not be announced until an appeals court ruled on a dispute over early voting in the state.
"Having sought no stay, either in this Court or the Court of Appeals, the State appears to believe it can issue one on its own authority," the motion reads. "Nowhere in this Directive does the Secretary identify the legal basis for this extraordinary action."
Husted, a Republican, wrote in a directive Tuesday that adding new voting hours would only serve to "confuse" voters before the appeals court ruling.
Obama for America filed a lawsuit to restore three days of voting before Election Day in Ohio, after a state law passed in 2011 curtailed early voting for everyone except members of the military. A federal court ruled on OFA's lawsuit on Friday, restoring the early voting period.
"On balance, the right of Ohio voters to vote in person during the last three days prior to Election Day -- a right previously conferred to all voters by the State -- outweighs the State's interest in setting the 6 p.m. Friday deadline," the ruling read.
Plaintiffs also showed statistical evidence that cutting the last three days of voting -- used by some 93,000 Ohio voters in 2008 -- would disproportionately affect low-income and minority voters, which the defense did not counter.
Ohio Attorney General Mike DeWine (R) filed notice of an appeal Tuesday. Husted added there "is no valid reason for my office or the county boards of elections to set hours for in-person absentee voting the last three days before the election at this time."
The outcome of the early voting case is likely to affect the result of the 2012 election in Ohio, a perennial swing state.
UPDATE: District Judge Peter Economus, who wrote Friday's decision in favor of the plaintiffs, granted a hearing on the motion for Sept. 13. The court ordered Husted to personally attend the hearing.
Also on HuffPost:
Florida Eliminates Early Voting On Sundays
Tensions run high in Florida, a critical battleground state that passed an election law last year with several contested provisions. One bans a decade-long practice of early voting on Sundays before the election -- a window when as <a href="http://www.postonpolitics.com/2012/03/black-dems-trying-to-change-sunday-pre-election-voting-restriction/" target="_hplink">many as 30 percent</a> of black voters have previously cast ballots after attending church in a "souls to the polls" movement. Republican lawmakers claim the provision is meant to reduce election fraud, but some black Democrats say the calculation is more sinister. "It's my feeling it was done deliberately, a premeditated design, to suppress the vote of African-Americans in this country because it's playing out all over the nation in every state. It was intentional," Florida Sen. Arthenia Joyner (D-Tampa) said.
Photo ID Firestorm Rocks South Carolina
The Justice Department <a href="http://www.huffingtonpost.com/2011/12/23/south-carolina-voter-id-law_n_1168162.html" target="_hplink">dealt a blow </a>to South Carolina Gov. Nikki Haley's law requiring voters to show photo ID at the polls, arguing that it discriminated along racial lines. Haley's administration fired back <a href="http://www.huffingtonpost.com/2012/02/07/south-carolina-voter-id-law-lawsuit-justice-department_n_1260369.html" target="_hplink">with a lawsuit</a> that is expected to be decided in September. Rep. Jim Clyburn (D-S.C.) said earlier this year that Republicans hope to tip the outcome of the presidential election by lowering voter turnout by 1 percent in each of nine states that have passed voter ID laws, the <a href="http://westashley.patch.com/articles/democrats-combat-voter-id-law-by-organizing#video-9786253" target="_hplink">West Ashley Patch reports</a>. "I know nothing has changed yet," he said. "But I just do not trust the judiciary that we're operating under."
Disenfranchised Grandmother Sues Pennsylvania
Under Pennsylvania's new voter ID law, voters must show a photo ID issued by the state or federal government. The state-issued IDs are free, but getting one requires a birth certificate, which costs $10 in Pennsylvania. Not everyone is having an easy time navigating the new system. Earlier this month, Viviette Applewhite, 93, <a href="http://www.huffingtonpost.com/2012/05/02/pennsylvania-voter-id-law-viviette-applewhite_n_1472192.html" target="_hplink">filed a lawsuit </a>with the ACLU and NAACP challenging the law. Applewhite, who marched with Martin Luther King Jr. during the civil rights movement, does not have a driver's license, and the state cannot find her birth certificate. She is afraid that this year will be the first since 1960 that she will be unable to vote. Applewhite's dilemma is not uncommon. Some <a href="http://www.philly.com/philly/blogs/montco_memo/142671935.html" target="_hplink">700,000 Pennsylvanians</a> lack photo ID and half of them are seniors. According to <a href="http://www.brennancenter.org/page/-/d/download_file_39242.pdf" target="_hplink">the Brennan Center</a>, 25 percent of voting-age black citizens have no government-issued photo ID, compared to 8 percent of white citizens.
Kansas Moves To Accelerate Proof Of Citizenship Law
The Kansas House <a href="http://www.huffingtonpost.com/2012/05/08/voter-id-law-kansas-proof-of-citizenship-2012_n_1500109.html" target="_hplink">voted earlier this year</a> to move up the date a proof of citizenship law goes into effect to June 15, 2012, so it will limit who can vote in the presidential election. HuffPost's John Celock <a href="http://www.huffingtonpost.com/2012/05/08/voter-id-law-kansas-proof-of-citizenship-2012_n_1500109.html" target="_hplink">reports</a>: <blockquote>Rep. Ann Mah (D-Topeka) said the entire idea of proof of citizenship to vote would fail in court due to it being discriminatory against married women who change their names. Mah said that women who change their name need to provide proof of marriage and citizenship and an affidavit regarding the name change.<br> Rep. Scott Schwab (R-Olathe) took issue with Mah's claims of court challenges. "I get frustrated that everyone who does not like policy says we'll end up in court," he said.</blockquote> Only 48 percent of voting-age women with access to their birth certificates have a birth certificate with a current legal name, which means that as many as 32 million American women do not have proof of citizenship with their current legal name, <a href="http://www.brennancenter.org/page/-/d/download_file_39242.pdf" target="_hplink">according to the Brennan Center</a>. The bill to change the start date <a href="http://salinapost.com/2012/05/10/kobach-concedes-kansas-voter-citizenship-plan-dead/" target="_hplink">eventually failed</a>, but will still go into effect next year.
Wisconsin Law Continues To Disenfranchise Voters After Suspension
Last year, Wisconsin Gov. Scott Walker <a href="http://www.huffingtonpost.com/2011/05/25/wisconsin-voter-id-law-scott-walker_n_867090.html" target="_hplink">signed a voter ID bill into law</a>, calling it a "common sense reform" that would "go a long way to protecting the integrity of elections in Wisconsin." As Walker's June 5 recall election approached, <a href="http://www.huffingtonpost.com/2012/04/03/wisconsin-voters-id-photo-suspension_n_1401476.html" target="_hplink">two judges suspended it on the basis that it is unconstitutional</a>. Still, poll workers <a href="http://www.huffingtonpost.com/2012/04/03/wisconsin-voters-id-photo-suspension_n_1401476.html" target="_hplink">reportedly asked some voters to show photo ID</a> during Wisconsin's April 2 primary, and one woman said that <a href="http://www.huffingtonpost.com/2012/04/04/wisconsin-voter-id-polls_n_1403864.html" target="_hplink">she and her 87-year-old mother were turned away at the polls </a>because they lacked current photo IDs -- even though they were registered to vote. "We were listed on their friggin' poll list and yet we had our names highlighted," the woman, who wanted to remain anonymous, <a href="http://www.huffingtonpost.com/2012/04/04/wisconsin-voter-id-polls_n_1403864.html" target="_hplink">told the <em>Milwaukee Journal Sentinel</em></a>.