With just sixteen hours before polling stations were to open in Ohio, the Supreme Court on Monday afternoon blocked voters from beginning tomorrow to cast their ballots in this year’s general election. By a vote of five to four, the Justices put on hold a federal judge’s order providing new opportunities for voting before election day, beyond what state leaders wanted.
The order will remain in effect until the Court acts on an appeal by state officials. If that is denied, then the order lapses. It is unclear when that scenario will unfold. The state’s petition has not yet been filed formally.
The practical effect of the order will mean that, at the least, early voting will not be allowed this week — a period that supporters of early balloting have called “Golden Week.” That permits voters to register and cast their ballots on the same day.
Depending upon the timing of the state’s filing of a petition for review and the Court’s action on it, Monday’s order may also mean that early voting will not be permitted on most Sundays between now and election day, November 4, and will not be permitted during evening hours — that is, after 5 p.m.
Early voting during “Golden Week,” on coming Sundays, and in evening hours are the opportunities that civil rights groups have said are most important to black and low-income voters and the homeless. State officials, however, contended that those arrangements would raise the risk of voter fraud, and would cost too much for county election boards to implement.
Monday’s order had the support of Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito,, Jr., Anthony M. Kennedy, Antonin Scalia, and Clarence Thomas.
Dissenting were Justices Stephen G. Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. They would have denied the request of the Ohio attorney general and secretary of state to postpone the decision in favor of more early voting by U.S. District Judge Peter C. Economus of Columbus.
In association with Bloomberg Law
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