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U.S. Court Blocks Part of Voting Law

By Mike Tobin
Plain Dealer Reporter
Posted on Friday October 6, 2006

A federal judge on Wednesday blocked part of a new state law that allowed poll workers to demand proof of citizenship from naturalized Americans trying to vote.

U.S. District Judge Christopher Boyko blasted the provision during his ruling, saying it had the potential to treat naturalized citizens as “second-class Americans.”

“This gives poll workers the uninhibited right to choose the person to challenge based on their accent, look, manners or whatever they feel like on that given day,” Boyko said.

The provision, which took effect in June, is part of a broader law that overhauled how elections are conducted in Ohio.

The most visible change in the law is that people are required to present a driver’s license or other identification to vote. That part was not affected by Wednesday’s ruling.

But the law also included a controversial provision meant to reduce voting fraud by allowing poll workers to ask if a voter is a naturalized citizen and demand written proof.

Absent proof of citizenship, the person would be allowed to cast a provisional ballot but would have to provide proof of citizenship within 10 days for the vote to count.

A group of foreign-born citizens, many from Greater Cleveland, filed a lawsuit in August, saying the new law could lead to ethnic and racial profiling.

Boyko agreed, noting that the law gave no instructions as to whom poll workers should challenge.

“You could have poll workers decide they want to target Arab-Americans, Asian or African-Americans on any given polling day without guidelines,” he said. “How offensive it would be to be singled out for challenge based on your accent or look.”

The law was passed by the state legislature, but Secretary of State Ken Blackwell was charged with enforcing it. Lawyers for Blackwell said, however, that the contested provision is unenforceable and did not oppose the request to block it.

They agreed before Wednesday’s hearing that Blackwell will inform all county election officials—and post notices at polling places—that people will not be required to provide citizenship papers if they are challenged.

Poll workers have always been allowed to ask a potential voter if he or she is a citizen, but Boyko said differentiating between citizens born in the country and naturalized served no purpose.

“Without naturalized citizens, there wouldn’t be an America,” Boyko said. “If this is the way the state of Ohio says thank you, they should reconsider.”

Laura Boustani, one of the plaintiffs, came to Cleveland from Lebanon during that country’s civil war and became a citizen in 1990.

“I had faith all along that this can’t stand,” she said. “Judge Boyko clearly understood the danger this posed to my fundamental right to vote and others like me.”

This is the second time in a month that a federal judge in Cleveland has struck down part of the new election law. U.S. District Judge Kathleen O’Malley blocked part of the law that placed unconstitutional restrictions on voter registration drives.