Oct 16, 12:08 PM EDT

Ohio elections chief appeals court ruling

By STEPHEN MAJORS
Associated Press Writer

http://www.ohio.com/news/break_news/31101144.html




COLUMBUS, Ohio (AP) -- Ohio's top elections chief has asked the U.S. Supreme
Court to intervene in a dispute over whether the state is required to do
more to help counties verify voter eligibility, a spokesman for her office
said Thursday.

Secretary of State Jennifer Brunner, a Democrat, filed an appeal with the
high court late Wednesday, said spokesman Jeff Ortega.

On Tuesday, the 6th U.S. Circuit Court of Appeals in Cincinnati sided with
the Ohio Republican Party and ordered Brunner to set up a system that
provides names of newly registered voters whose driver's license numbers or
Social Security numbers don't match records in other government databases.

The GOP contends the information for counties will help prevent fraud.

"If the Sixth Circuit's decision is allowed to stand, an untold number of
legitimate voters in Ohio will be forced to re-establish the bona fides of
their vote before the county boards of elections, or they will stay home out
of frustration or confusion," Brunner said in her appeal to the U.S. Supreme
Court. "ORP's unsupported invocations of voter fraud hardly warrant such
monumental interference with the electoral process."

At least 200,000 newly registered voters have mismatched data, according to
an initial review by Brunner's office. About 666,000 Ohioans have registered
to vote since January, with many doing so before the contested Democratic
presidential primary election between Sens. Barack Obama and Hillary Rodham
Clinton in March.

Brunner has said that mismatches can be due to simple spelling errors or
other discrepancies, and that federal law never intended for mismatches to
be the only grounds for disqualifying voters.

Brunner's office said Wednesday that she would comply with the lower court's
ruling. Ortega said the office would release a statement later Thursday on
why she chose to file an appeal.

Brunner has called the issue a veiled attempt at disenfranchising voters and
said other checks exist to help determine eligibility.

She questioned the timing of the GOP lawsuit and said it shows that
Republicans are trying to inject confusion at the last minute. The state's
database matching registration information against Bureau of Motor Vehicle
and Social Security records has been up and running in previous elections,
including the 2006 gubernatorial election when Republican Secretary of State
Ken Blackwell was in office, she said.

Ohio Republicans issued a statement calling the situation a shameful mess.
They criticized her for filing an appeal after first saying she would comply
with the earlier court ruling. Brunner said she has already taken steps to
comply with the order despite the appeal.

"This appeal is stunning in its attempt to defy the law and conceal the
fraud in this election," said Ohio Republican Party Deputy Chairman Kevin
DeWine.

In court filings, the GOP has not produced any specific evidence of voting
fraud, only unsubstantiated reports that voters from other states had cast
fraudulent ballots during the early voting period.

The party has requested registration information for all voters in the state
who registered and immediately cast a ballot during a weeklong period from
Sept. 30 through Oct. 6.

(c) 2008 The Associated Press. All rights reserved.

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