ACLU files suit to halt switch to paper ballots

CLEVELAND (AP) — A federal lawsuit filed Thursday seeks to block Ohio’s biggest county from switching to a paper ballot voting system for the March 4 presidential primary.

The American Civil Liberties Union’s lawsuit argues that the system to be put in place in Cuyahoga County violates voters’ constitutional rights because it doesn’t allow them to correct ballot errors.

With more than 1 million registered voters, Cuyahoga County plans to send paper ballots filled out by voters to a central location — the Board of Election’s warehouse near downtown Cleveland — to be scanned and counted.

But such an optical-scan system with centralized vote tabulation does not give voters notice of ballot errors and an opportunity to correct mistakes that could invalidate votes, the ACLU alleges. It is therefore unconstitutional and violates the Voting Rights Act, the suit says.

“We take no position on what kind of voting technology is used so long as voters have the chance to check their ballots for mistakes before casting their vote,” said Carrie Davis, staff attorney for the ACLU.

The lawsuit filed in U.S. District Court names Secretary of State Jennifer Brunner, the Cuyahoga County Board of Elections and the county’s three commissioners. It was assigned to Judge Kathleen O’Malley. No hearing date had been set.

County Prosecutor Bill Mason said the optical-scan system is permitted under the Help America Vote Act, which was passed by Congress in 2002 in response to the disputed 2000 presidential election. The county plans to challenge the ACLU’s allegations.

“’Tis the season,” Mason said. “Elections are coming and so are lawsuits.”

The county is hurriedly switching from electronic touch-screen machines to the new system after prodding from Brunner, a Democrat who considers optical-scan voting to be more secure.