Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, February 09, 2005

The Battle of 2006 Has Officially Begun

What happens when the current Ohio Attorney General and Secretary of State both are running for governor already, a race that ends in 2006? SoS Kenneth Blackwell had ordered Ohio counties to adopt voting systems that use paper ballots. The Franklin County Board of Elections via the county's prosecuting attorney asked the Attorney General for an opinion as to whether the SoS had the authority to order the counties to comply with his Directive 2005-1, issued January 12, 2005. The AG answered yesterday in the form of a press release and a 17 page opinion (2005-006). Here is the syllabus:

"The Ohio Secretary of State is not empowered to require, by means of an
administrative directive, that the board of elections of each county must, no later
than February 9, 2005, select a precinct count optical scan (PCOS) voting system
provided by a vendor certified by the Secretary of State or, if the board does not
make this selection, the Secretary of State will designate one of those vendors to
provide a PCOS voting system for use by the board."

And the beat goes on.



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