Bill to require cash for extending voting hours speeds toward Ohio gov

COLUMBUS — A first-of-its-kind proposal being fast-tracked through the Ohio Legislature would require money from voters — possibly thousands of dollars — to keep polls open longer when delays occur.

The change from state Sen. Bill Seitz, a Republican from Green Township, Ohio, comes after judges in southwest Ohio kept polls open late during the November election and March presidential primary. First in November, a Hamilton County judge ordered polls to remain open because of equipment glitches, and then in March a federal district judge kept polls open another hour after learning about a crash on Interstate 275, later determined to be fatal, that sent a car and its occupant into the Ohio River at the start of evening rush hour.

Polls are open statewide 6:30 a.m. to 7:30 p.m. ET.

Seitz wants to require a bond that judges could set as low as $1 but could be as much as the cost of keeping polling places open with workers collecting overtime. In Hamilton County, which had 2,600 poll workers in November, that would amount to $58,500.

Ohio Republicans want cash for longer voting hours

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House lawmakers, two-thirds of whom are Republicans, are poised to follow their Senate counterparts and vote to send Seitz's bill to GOP Gov. John Kasich for his signature. But Democrats, voter advocates and even Republican Secretary of State Jon Husted say these bonds aren't needed.

“I don’t believe a bond is necessary. Senator Seitz does, and I’ve asked him to make sure that he pursues a solution that ensures that people that have legitimate reasons to go to court on these issues have access to do so,” Husted said.

Still, the change could be in place by the November election when Ohio, as an all-important swing state, will attract lawsuits over any number of perceived voting problems.

Senate Bill 296 initially would have required anyone requesting to keep the polls open to pay money. But Tuesday, Seitz's proposal was changed to require a bond only if a judge agrees to keep polls open.

If a petitioner is too poor to pay a bond, a judge could waive it. But then, only that person would be permitted to vote late, not neighbors or an entire county of voters.

Voter advocates weren't impressed with the change. Voters still would be saddled with the bond. They might get their money back, but they also could lose it if an appeals court decides a local judge should not have extended polling hours.

“This will either discourage voters from attempting to keep polling locations open or ... assure that all such motions are filed in federal court,” said Gary Daniels, chief lobbyist for the American Civil Liberties Union of Ohio.

Kasich declined to comment on the pending legislation.

Seitz has said he's been frustrated because what he called activist judges always can find a reason to keep polls open.

Judge blasted for extending poll hours for stranded drivers

The bond, a stricter standard for extending voting hours and a faster appeals process for election officials — but not voters — all make this proposal an outlier among other states, according to Carrie Davis, executive director of the League of Women Voters of Ohio. The National Conference of State Legislatures and National Association of Secretaries of State recommend flexibility in last-minute election emergencies, not more hoops, she said.

In addition, Seitz's plan would only affect state courts, not federal judges like Susan Dlott of U.S. District Court for the Southern District of Ohio, who kept polls open in March. Husted already appealed that decision.

Davis said most of Seitz's frustrations could be solved with better communication among judges, poll workers and election officials rather than more restrictions.

Husted said people should be allowed extended voting hours for legitimate reasons. But Ohio also has ample opportunities to vote early and on Election Day.

“If you have procrastinated for a month and not gotten to the polls, there is no reason for 7 million people to wait on you to vote,” Husted said.

State Sen. Cecil Thomas, a Democrat from Cincinnati, has railed against the proposal, calling it a "poll tax."

"This legislation is an overreaction to a set of bad facts that will harm Ohioans’ access to the ballot box," he said.

Rep. Kathleen Clyde, a Democrat from Kent, Ohio, outside Cleveland and a possible candidate for Ohio Secretary of State, tried to strip the bond requirement out of the bill Tuesday during committee, but GOP lawmakers swiftly rejected that and other changes.

Rep. Dorothy Pelanda, a Republican from Marysville, Ohio, called Clyde's attempts to change election law during a presidential election year "unconscionable."

"I'd certainly be open to delaying or not voting on the legislation for that very reason," Clyde replied.

Follow Jessie Balmert on Twitter: @jbalmert