US Supreme Court should take up ‘Golden Week’

There’s an overarching question that encompasses the elimination of the early-voting period in Ohio called “Golden Week”: Are black residents being denied reasonable access to the ballot box?

Two federal judges have said yes, while two have said no. It’s this split in judicial opinions that justifies a review by the U.S. Supreme Court.

The Ohio Democratic Party last week sought such a review when it asked the high court to stay an appeals court ruling that, in effect, upheld the elimination of Golden Week.

Here’s what has taken place to date:

The Republican-controlled General Assembly passed a bill reducing the early-voting period from 35 days to 28 days, thereby eliminating Golden Week. Republican Gov. John Kasich signed the bill into law.

The state Democratic Party, along with Democratic parties in Cuyahoga and Montgomery counties, challenged the elimination in federal court.

U.S. District Court Judge Michael H. Watson of Columbus ruled in favor of the Democrats. In his opinion, Judge Watson went to the heart of the issue: “Based on the evidence, it is reasonable to conclude that the reduction in overall time to vote will burden the right to vote of African-Americans, who use [early in-person] voting significantly more than other voters.”

Republican Secretary of State Jon Husted, who has long argued that the current 28-day early-voting period is one of the most generous in the nation, appealed the district court judge’s ruling to the 6th U.S. Circuit Court of Appeals.

A three-judge panel heard the appeal and issued a 2-1 ruling that overturned Judge Watson. The two, judges David W. McKeague and Richard Allen, both appointed by Republican President George W. Bush, said that the elimination of Golden Week would “result, at most, in a minimal disparate burden on some African-Americans’ right to vote.”

It is noteworthy that district court Judge Watson also was appointed by Bush.

Judge Branstetter Stranch, who was appointed to the bench by Democratic President Barack Obama, cast the dissenting vote.

“I do not think that it is federal intrusion or micromanaging to evaluate election procedures to determine if discrimination lurks in an obvious rule or in a subtle detail,” she wrote.

SUPREME COURT REVIEW?

The U.S. Supreme Court is now being asked by the Ohio Democratic Party to set aside the appeals court ruling and retain Golden Week for the November general election.

However, with the eight Supreme Court justices splitting 4-4 along ideological lines on important issues that carry national implications, there’s no telling what will happen to the Golden Week appeal.

There’s a vacancy on the high court as a result of the death of Justice Antonin Scalia, the acknowledged leader of the conservatives on the bench. However, the GOP majority in the U.S. Senate has refused to have hearings on President Obama’s appointment to fill the vacancy.

The Republicans, including U.S. Sen. Rob Portman, who is seeking re-election in Ohio this year and is being challenged by former Democratic Gov. Ted Strickland, contend that the next president should make the appointment.

But the GOP is finding out that a split court isn’t always to its advantage. Last week, the justices turned away an emergency appeal from Republican leaders in North Carolina who were hoping to reinstate new voting rules that were struck down in July as racially biased, the Tribune News Service reported.

The justices said they were deadlocked and would not intervene, leaving in place the state’s rules for casting ballots and early voting that were in use before 2013. The vote split on ideological lines, the news service explained.

In the case of the elimination of Golden Week in Ohio, district court Judge Watson contended that the reduction of the early-voting period from 35 days to 28 days by the General Assembly violated the U.S. Constitution and Voting Rights Act of 2014.

Given the concerns that have been raised regarding ballot access for African-American voters, we believe the U.S. Supreme Court is the proper venue for deliberations on an issue with national implications.

We would hope the justices are able to set aside their ideological differences and take up Ohio’s decision to eliminate Golden Week.