The modernization of voting law in Ohio

The current election law in the state of Ohio is in the process of being revised. Some of the changes being proposed, but not yet finalized, are significant in the way voters will cast their ballots. One of the significant changes is moving the primary election, usually held in March to the first Tuesday after the first Monday in May. The legislation being proposed with the changes is House Bill 159.

The main scope of the election law changes appears to be updating the voter validation process, whether it is a special, primary or Presidential election. Part of the changes involve the validation process of individuals voting in their respective locations. While the details have not been fully finalized, it is important to have methods in place to validate any individual voting in an election. Election issues have been identified in past elections, examples of which have included deceased individuals still listed on the voting rolls, and someone voting as that individual. This needs to change, and the changes being considered in Ohio’s voting law is an attempt to instill integrity in any upcoming election.

Voting is a critical element of our country as it determines who gets elected and what issues pass or fail when presented to the applicable voting public. In terms of instilling integrity in the election process one of the changes being proposed includes a requirement for a photo ID which contains the name of the elector (voter) which conforms to the individual’s voter registration record. It also needs to contain an expiration date which has not passed. Exceptions to this include such identification options as a military ID which is not required to have an expiration date.

Other allowed options of validation include an Ohio driver’s license, a United States Passport or a state issued ID card without the photo if an individual has a valid religious objection to being photographed. The revised law also calls for a statewide voter registration database to be established and maintained by the Secretary of State. This in and of itself is a great idea. In support of this database, several state agencies will furnish information necessary except where prohibited by federal law or regulation. Voter registration will only be revised at the request of the voter.

Another change being proposed includes the requirement for the purging of voter registrations to keep the integrity of the list intact. Upon such action, the applicable board of elections will be notified. The requirements/rules for canceling such registration will be established by the Secretary of State. In regards to this aspect of the law, I have some concerns as to the requirements for removing individuals from the voter list. Having the Secretary of State determine the requirements/rules for this action could change from one Secretary of State to another. Politicians from one political party to another can impact the integrity of a voter registration list simply by changing the requirements/rules. This should not be an option. The requirements for removal need to be formalized within the legislation now being considered. It is important that any voter validation and the integrity of a voter database be a firm requirement.

The current legislation in the Ohio legislature is an attempt to provide better control and validation of individuals listed on the voter registration listings. One of aspects of the law eliminates an obsolete cross-reference in Voter Identification to an election document that is no longer produced. In the past, there has been some concern about individuals who do not drive or may not be able to afford to purchase a photograph of them to validate who they are as verification for voting purposes. The changes in the law provide that a state identification card can be obtained free from any registrar of motor vehicles or a deputy registrar. This is a great change.

As with any legislation either at the state level or at the federal level, it requires agreement with the final content being established between each house of Congress. In reviewing the analysis of the current legislation between the Ohio house and Ohio Senate, there appears to be little if any difference in the approach being taken with the legislation. Other changes in the current law appear to be minor, involving only changes in terms.

The last action of this proposed legislation in the house occurred in March 2011, with it passing a third consideration with further action to be part of a conference committee. In the Senate, the legislation has been located in the State and Local Government and Veterans Affairs committee since 6/23/2011. The legislation was originally introduced in the house on March 15, 2011 and in the Senate on March 24, 2011. It has been almost two months since the legislation has been assigned to the committee in the Senate. This is an important piece of legislation and it should move forward considering there is an upcoming election in November of this year, the Presidential Primary next spring and the Presidential Election in November 2012.

The integrity of our election process in the State of Ohio needs to be increased. The changes discussed in this article are not the only ones being proposed but are ones that will impact the entire voting process in Ohio. One of the key elements of the proposed changes is the establishment of a state voter registration database which is monitored and updated to remove individuals per the established rules by the Secretary of State. One example should be the removal of individuals who are deceased to prevent unauthorized individuals to vote as another person.

In proposing any legislation, especially associated with the validation requirements for voting, there will be and have been those who will object as a violation of privacy laws. Some objections in the past have been associated with requiring a photo ID for voting. This aspect has been addressed with the various options available to those who do not want a photograph taken. This should alleviate the privacy concerns that have surfaced in other states where such requirements have been identified. It is the responsibility of individual state legislatures to ensure those voting are both eligible and that they are who they present themselves to be before allowing a vote to be cast. As identified earlier, the integrity of the election process and elections held is dependent upon the appropriate validation of those who cast ballots. Ineligible voters who are allowed to vote affect the integrity of any election results. Problems which surfaced in past elections need to be prevented from occurring in future elections. This legislation needs to go forward to increase the integrity of any Ohio election to be held in the future.