Tight Ohio Race Will Trigger Federal Lawsuit: Democrats Said Prepared For Court Fight Over Provisional Ballots

Al Franken had to lawyer up 

CINCINNATI (TDB) -- If the battle for governor or any other statewide races end up to close to call on election night, the Ohio Democratic Party plans to litigate to make sure all votes are tallied properly.  ODP will fight a legal battle in U.S. District Court -- most likely Cincinnati or Columbus -- to ensure that all 88 counties tabulate provisional ballots uniformly and use the same methods.  Democratic sources confirmed by e-mail within the last hour that the federal voting rights case would be filed in the Southern District of Ohio, which has U.S. judges located in Cincinnati, Columbus and Dayton.  Provisional ballots are set aside and counted 10 days after the general election.  Independent statewide polls show Kasich and Strickland in a virtual dead heat.   If the election comes out that close, get ready for the lawyers.  The Columbus Dispatch reported today that the Dems were already seeking a federal court order:

"Yesterday, the Ohio Democratic Party filed a request for a federal court order to require county elections boards to provide voter addresses and other identifying information from provisional-ballot envelopes upon request."

The line appeared in Dispatch reporter Mark Niquette's long story that suggested a close race between Democratic Gov. Ted Strickland and Republican John Kasich could become a legal fight. However, if there was such a lawsuit already pending, it was not publicly available in the court clerk's offices Tuesday.  Other elections officials told The Daily Bellwether that the Ohio Democratic Party had written to local boards of elections trying to gain access to addresses and other info from provisional ballot envelopes.  Hamilton County had gotten one of the letters, and apparently turned down the ODP request.  Litigation in close elections is nothing new -- it took months for Minnesota officials to decide if Al Franken won that state's U.S. Senate seat in 2008.  Franken had a 312-vote margin that was recognized by the Minnesota Supreme Court nearly seven months after the election.  And everybody recalls Bush v. Gore and the U.S. Supreme Court 5-4 ruling that said George Bush won the presidency even though he lost the popular vote.

Ohio Republican Party: Its Official GOP Blog Echoes Strickland's Iowa Caucus Concern

CINCINNATI (TDB) -- Ohio's Democratic Gov. Ted Strickland has been catching flak over a comment that the Iowa caucuses make "no sense." There is speculation that the remark will go down as the governor's gaffe. Now the Ohio Republican Party -- no ally of Strickland -- has linked to a USA Today editorial that seems to share his sentiment that Iowa should not have such crucial power over the presidential selection process. A link to the Ohio GOP blog is here.

The USA Today editorial it cites raises concern that Iowa's voter participation is too low, the voting is too early, and the state is too tied to an agricultural economy to be any kind of stand-in for the rest of the nation when it comes to the serious job of picking a president. The Ohio GOP -- by giving that concern prominence on its partisan Web site -- seems to be saying it agrees with Democrat Strickland. Here's USA Today:

"It seems odd that candidates would spend months, and millions of dollars, in Iowa in pursuit of an election that would barely constitute a neighborhood in some large American cities. It should. Iowa is not tiny, 30th in population according to the Census, but its time-consuming caucus process means that only 8% of the population will participate."

The newspaper said that about 87,000 Republicans will caucus, according to predictions ahead of the voting -- that's not even a full house at a Washington Redskins game. For Ohioans: It's not even close to a full house at Ohio Stadium when the Buckeyes play; it's just a tad smaller than the population of Parma, Ohio.