Counties must provide paper ballots, court says
COLUMBUS (AP) — A judge says Ohio counties don’t have the power to challenge an order from the state’s chief elections officer that they provide a paper ballot to any voter who wants one in the upcoming primary elections.
Franklin County Common Pleas Judge Eric Brown on Tuesday dismissed the lawsuit filed by the Union County commissioners, who had complained about the cost of providing the ballots in the county. The county uses electronic touch-screen voting machines that don’t require paper ballots.
Brown sided with Secretary of State Jennifer Brunner, ruling that she has the authority to issue the directive to county elections boards. The boards are not accountable to county commissioners, Brown wrote in his order.
“Unlike county agencies, boards of elections are under the control of, and answerable only to, the secretary of state and are not county officers,” Brown wrote. “Such a separation of boards of elections and the county protects the independence of the county boards of elections so that the boards may effectively and efficiently conduct public elections and avoid political maneuvering.”
Brunner, a Democrat, ordered counties that use electronic touch-screen voting machines to give paper ballots to any voters asking for them during the March 4 primary. Union County commissioners balked and Prosecutor David Phillips moved to stop Brunner from enforcing the directive.
Brunner got the case moved to Franklin County, and it was assigned to Brown, also a Democrat. Phillips is a Republican.
Brown said Phillips was not representing the board, but the commissioners. Phillips had cited cost as a consideration. The county estimated it would cost $75,000-$86,000 to make enough paper ballots available for the primary and the commissioners would have to find the money, Phillips said.
“Despite the court repeatedly informing the parties of its concerns ..., no party has moved to join or amend their pleadings to add the UCBOE [Union County Board of Elections] as a party to this lawsuit,” Brown wrote.