Following Friday’s ruling by a U.S. District Court judge requiring Ohio legislators to withdraw their lawsuit against a federal consent decree regarding provisional ballots, Secretary of State Husted “remains concerned about the conflict between state law and the federal order.” The federal consent decree, which established more lenient standards for processing provisional ballots than allowed by a 2006 state law, was entered into in 2010 by then-Secretary of State Jennifer Brunner, a Democrat promoted by the Soros-funded Secretary of State Project. The lawsuit filed by Republican state legislators said the Secretary of State’s agreement to a consent decree that changes Ohio law “is contrary to the authority delegated to the Secretary of State under the Ohio Constitution and violates the fundamental principles of separation of power by allowing the Secretary to intrude into the legislative function.” Judge Marbley’s reasoning in ordering lawmakers to file further concerns about the order in federal court, not state court: “Conflicting orders to the Secretary from the Ohio Supreme Court would not only undermine the jurisdiction of this Court but would further confuse an already well-muddied electoral landscape in these critical months leading up to a presidential election.” Legislators say they are “considering our options” and “plan an appeal.” Full story here.
Ohio Provisional Ballots to be Governed by State Law or Federal Decree?
Following Friday’s ruling by a U.S. District Court judge requiring Ohio legislators to withdraw their lawsuit against a federal consent decree regarding provisional ballots, Secretary of State Husted “remains concerned about the conflict between state law and the federal order.” The federal consent decree, which established more lenient standards for processing provisional ballots than allowed by a 2006 state law, was entered into in 2010 by then-Secretary of State Jennifer Brunner, a Democrat promoted by the Soros-funded Secretary of State Project. The lawsuit filed by Republican state legislators said the Secretary of State’s agreement to a consent decree that changes Ohio law “is contrary to the authority delegated to the Secretary of State under the Ohio Constitution and violates the fundamental principles of separation of power by allowing the Secretary to intrude into the legislative function.” Judge Marbley’s reasoning in ordering lawmakers to file further concerns about the order in federal court, not state court: “Conflicting orders to the Secretary from the Ohio Supreme Court would not only undermine the jurisdiction of this Court but would further confuse an already well-muddied electoral landscape in these critical months leading up to a presidential election.” Legislators say they are “considering our options” and “plan an appeal.” Full story here.