E-Vote: Judge Strikes Down Union County, Ohio, Voting Machine Directive Challenge

Franklin County Common Pleas Court Judge Eric Brown, in a 25-page decision, struck down a county's challenge to Ohio Secretary of State Jennifer Brunner's Jan. 2, 2008 directive requiring backup paper ballots by boards of elections using touch-screen (direct recording electronic-DRE) voting machines in the March 4 presidential primary election.

The case was brought by Union County commissioners who sought to challenge the secretary's authority to issue the directive, arguing that it unlawfully mandated two types of voting systems.

Calling the secretary's directive one that "merely directs how Union County's existing voting equipment will be used," the judge found that the county commissioners lacked standing to attack the secretary's directive and that the failure of the county board of elections to be a party deprived the court of the ability to proceed on the merits.

The directive requires boards of elections using touch-screen voting machines to provide a 10 percent minimum threshold per precinct of paper ballots as an option to those voters who may request a paper ballot.

In his ruling, Judge Brown clarified the role of county commissions in elections, stating that, despite budgetary control, a board of commissioners has no right to control how elections are conducted or to challenge election decisions made by the secretary of state or local boards of elections.

Judge Brown found that Union County's $86,000 estimate for complying with the secretary's directive was substantially higher than other counties, including those that greatly exceed the size of Union County.

The judge also denounced the attempt of the Union County commissioners to compare the county's situation to legal challenges elsewhere. Citing the American Civil Liberties Union (ACLU) against the Cuyahoga County Board of Elections, decided against the ACLU last month, Judge Brown called the threat of similar litigation against Union County "speculative" and noted that Cuyahoga County is not using a touch screen system and is not subject to the directive.

"I am pleased with Judge Brown's decision today," said Brunner.

"There is much work to be done in preparing for the March presidential primary election. My office has been working diligently to assist boards of elections in preparing for an efficient, fair and accurate election on March 4. For boards across the state this issue is resolved and Union County can move ahead as other counties have done without question," Brunner said.