Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Chapter 5- The Adoption of No-Excuse Early Voting in Wisconsin and Ohio

Overview of Cases

This chapter evaluates developments following from the adoption of early voting in

Wisconsin and Ohio. Wisconsin and Ohio are two cases of states with distinct political histories that nevertheless witnessed similar outcomes—and comparable developments—following the adoption of no-excuse early voting. Following a brief overview of the cases, I summarize these states’ respective political histories. I then flesh out developments surrounding the adoption of no-excuse early voting, showing how the timing of change and place—the unique characteristics of each state—mattered for responses to the early voting. The sequence of adaptation also shaped downstream developments—unlike Wisconsin, Ohio had an established history of courting early voters under its excuse based system that set the precedent both for campaigns to develop early voting strategies once the law was liberalized and mount legal challenges. Finally, change happened so quickly in both states that political actors lacked a definitive understanding of whether the reform advantaged one party over another. But rather than rest on their laurels, political operatives dove headfirst into adaptation. In Wisconsin, legal challenges reigned prominent in the elections that followed reform adoption, coupled with efforts to restrict access to early voting. In Ohio, a rapid adjustment of campaign strategies and high profile lawsuits occurred almost simultaneously. Ultimately, over time early voting strategies and legal maneuvering in response to the law became an enduring feature of electoral politics in both states.

In 2000, Wisconsin adopted no-excuse early voting, one, out of a desire to add voter convenience. But they also sought to address a very recent trend of political actors courting early voters; some election administrators expressed concerns this would encourage citizens to cast

1 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 early ballots even if they didn’t have a legitimate reason for doing so. Had this change not been immediately followed by the 2000 presidential election crisis in Florida, where the fate of the presidency hung on inconsistencies in election administration and the handling of absentee ballots, developments in Wisconsin in the years that followed may have been less rapid and controversial.

But the shock of the fiasco in Florida and the specter of a recount in Wisconsin caught the attention of election administrators and political actors, who were quick to point out flaws in their newly adopted no-excuse early voting laws and make legal challenges to the reform.

Though actual increases in the number of early voters and campaign adaptation to the reform in were more incremental, the 2000 presidential election was followed by a string of legal controversies over the reform and efforts to restrict early voting once again. Though campaigns did make efforts to court early voters after 2000, the real turning point was not until the 2008 presidential election when Democratic presidential candidate Barack Obama made unprecedented efforts to mobilize early voters. Over time, the state became embroiled in partisan differences over the implementation of early voting, particularly over identification provisions proposed by Republicans in the state legislature.

Over 5 years before Ohio adopted no-excuse early voting, Secretary of State J. Kenneth

Blackwell pushed the legislature to adopt no-excuse early voting by absentee ballot, only to be thwarted by a largely Republican coalition in the state legislature. In 2005, he may have failed again were it not for the efforts of a group seeking to enact the reform by putting it up for a constitutional amendment vote to the public. Seeking to avoid permanently enshrining the law in the state constitution where changing it would prove difficult, Republicans opted to, on a party line vote, push no-excuse early voting through the legislature to dissuade voters from voting

2 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 “yes” on the amendment. Following reform adoption, party organizations wasted almost no time leveraging legal challenges to the implementation of early voting by election administrators, a theme that was prominent in almost every general election following reform adoption. Political actors also adapted campaign strategies in response to a dramatic uptick in early voters almost immediately following reform adoption, developments that occurred in conjunction with persistent legal challenges to the reform itself.

The Political Histories of Wisconsin and Ohio: Reform State versus Machine State

In Wisconsin, though Republicans had a strong monopoly over the state legislature in the mid to late 1800s, beginning in the early 1900s a group of progressive Republicans pushed to transform the government into an entity whose primary purpose was to serve the broader public.1

Since then, Wisconsin has been well established as reform state with a strong history of adopting progressive reforms designed to benefit the public good, including participation enhancing reforms like same-day voter registration, for which the state was a pioneer in the late 1970s. Not surprisingly, Wisconsin, like California and Washington, is defined by Elazar has having a

“moralistic” political culture. 2 The state has a reputation for conducting fair and clean elections, with historically little partisan dissent over changes in voting laws and established precedents for promoting political participation.3

Wisconsin also lacked traditional party organizations at the local level. Before the 1960s, some party organizations gained national prominence, but they lacked a system of patronage, and were largely comprised of urban, middle-class liberals in the Democratic party and conservatives

1 “Progressivism and the Wisconsin Idea,” Wisconsin Historical Society, Accessed April 20, 2017, http://www.wisconsinhistory.org/turningpoints/tp-036/?action=more_essay. 2 Elazar, American Federalism; Leckrone, “State and Political Culture.” 3 In 1978, for example, they were one of the first states in the country to adopt “same-day- registration,” allowing citizens to both register to vote and cast a ballot on Election Day.

3 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 in the Republican party interested in statewide and national affairs. Candidates seeking office more or less stood on their own and were dominated by “personalities” over party.4

Wisconsin’s reputation as a state with a “moralistic” political culture and its relatively weak system of party organizations is reflected in the developments leading up to the adoption of no-excuse early voting in 2000. There was little controversy over its excuse-based early voting system, and no evidence to suggest political actors that candidates coordinated with party organizations to mobilize voters eligible to vote early. But the 2000 presidential elections were a major turning point. The state’s inclinations to promote participation above partisanship came into direct conflict with concerns about voter fraud and partisan manipulation of electoral systems after the crisis in Florida exposed how pivotal small differences in early voting could be for election outcomes.

Under Elazar’s classification, Ohio, like Wyoming, historically has an “individualistic” political culture. Unlike Wisconsin, the Buckeye State has a far more complicated history of voting laws and political participation. Between the Civil War and through World War I, the state, like many others, adopted lengthy and detailed registration states, requiring, for example, annual personal registration in large cities. 5 On the other hand, though there was resistance to the suffrage of black Americans (and immigrants) shaped by a general hostility towards the groups, endgame dynamics were also evident as the state considered expanding suffrage. Parties formally resisting suffrage often dropped opposition regardless of how they originally felt out of fear of antagonizing new blocs of voters. 6

4 Mayhew, Placing Parties in American Politics, 159-161. 5 Keyssar, Right to Vote, 126. 6 Keyssar, The Right to Vote. On strategic support of suffrage: 33-34. For example, the Whigs ended up yielding to Democratic demands because they feared political damage from opposing voters who were likely to get the right to vote anyway. On animus towards black suffrage: 45-46.

4 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Ohio’s historical party organization was quite the opposite of Wisconsin. Local level party organizations exercised a fair amount of influence in Ohio elections. In selecting state legislative candidates, the “overwhelming impression was that party-sponsored candidates won contested primaries,” though these dynamics varied from municipality to municipality.7 Party endorsements were consistent factors guiding candidates to elected office. On the whole, party organizations in Ohio were considered to be the “reservoir from which candidates come, a screen through which they must pass, and an object at which their primary campaigns are directed.”8

Ohio’s reputation as a state with an “individualistic” political culture and strong history of party organizations was wholly evident both in the years leading up to the adoption of no- excuse early voting and the years that followed. When early voting was still excuse-based, party organizations regularly worked in conjunction with candidates to implement effective strategies for courting voters eligible to vote early, providing them with the infrastructure and resources for doing so. Furthermore, there were regular legal challenges to unscrupulous political actors engaging in questionable strategies to get the support of voters eligible to vote early prior to reform adoption. Conflicts over no-excuse early voting took on partisan tones from the very

On opposition towards immigrant voting rights: 67, see also Stephen E. Maizlish, The Triumph of Sectionalism: The Transformation of Ohio Politics, 1844-1846 (Kent: Kent State University Press, 1983), 176-178. 7Mayhew, Placing Parties in American Politics. On Hamilton County party organizations, 68. On Cuyahoga County party organizations, 69. On Franklin County party organizations, 72. In Hamilton, for example, one of the state’s most populous counties, a Republican machine dominated for years, presiding over nominations for county and state legislative offices in hegemonic fashion with little dissenting factions. In Cuyahoga, on the other hand, another highly populated county, Democrats were prominent in city and county affairs, but presided over a more decentralized organization. Ward leaders, in conjunction with other party leaders, successfully slated candidates for county offices, seats in the state legislature, and city council position. In the state’s largest county, Franklin, site of the state capitol Columbus, party politics were par for the course. 8 Mayhew, Placing Parties in American Politics. On general trends in party organization, 66.

5 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 beginning during the adoption process, and would only grow in the years that followed as

Republicans and Democrats engaged in fierce battles over the reform’s future and how it should be implemented.

Wisconsin

Precursors to Adoption: Schools Leverage Early Voters to Win Funding

Excepting the last 4 years or so before the adoption of no-excuse early voting in

Wisconsin, political parties and partisan candidates for elected office did not have clearly established practices for mobilizing voters eligible to vote early under their excuse-based system.

At the local level of politics, however, school officials did regularly implement strategies to encourage voters to cast absentee ballots for school funding referendums and school board elections, especially when these elections were held over spring break. In April of 1994, for example, the West Bend School District’s campaign for a 10-million-dollar building referendum, explicitly targeted absentee voters under the assumption many parents would be out of town for spring break. 9 School officials spoke openly about the value of these kinds of strategies. Noted one district superintendent “people should definitely take advantage of an absentee ballot if they’re at all interested… normally it’s one of those holidays where many of our residents are out of town on vacation. I know that our school board candidates are encouraging people to use absentee ballots.” 10

9 “Voters’ vacations, hot issues lead to increased use of absentee ballots,” The Milwaukee Journal (WI), B4, April 1, 1994. Accessed May 20, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB8284CF4863404?p=WORLDNEWS. 10 Tom Vanden Brooks, “Spring break vacationers may cast absentee ballots- Election, holiday coincide, so officials urge those with plans to vote early,” Milwaukee Journal Sentinel, (WI), March 19, 1997. Accessed May 20, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82A922EA754D8?p=WORLDNEWS.

6 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 In February of 1999, these tactics had tangible consequences for turnout in a referendum for the Racine Unified School District. Supporters were asking for 12.3 million dollars to avoid closing a school and laying off dozens of teachers. Again, because the vote was held over spring break, referendum supporters actively pushed absentee voting. The director of public information for the district, Robin Brodie, included information about how to vote absentee in two fliers sent to district residents. Racine’s deputy clerk observed an uptick in voter turnout, commenting,

“Spring elections notoriously don’t get a lot of voters. But this election is unusual. We are also seeing a different type of absentee voter than we normally see. Typically, they are senior citizens, but we are getting a lot of teachers and parents. I don’t know of anyone who has done that much advertising for absentee voting besides presidential campaigns.” 11

Beyond these strategies at the level of school elections, however, other political actors were not distinctly active in marshalling the support of eligible early voters until shortly before the state adopted no-excuse early voting. There were a few isolated instances of campaigns promoting early voting. In 1978, for example, an alderman from Racine discussed absentee voting with his constituents in a letter to the editor for a local newspaper. In 1990, incumbent candidates for a seat on a local village board sent letters to supporters that included absentee ballot applications for those unable to vote on election day.12 Religious organizations also

11 Tom Kertscher, “Racine warns of school cuts if referendum is rejected- Superintendent says school may be closed, jobs reduced,” Milwaukee Journal Sentinel (WI), 1, February 28, 1999. Accessed May 23, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB03118A4EE6C57?p=AWNB; Jennie Tunkieicz, “Election 99- Racine district voters undeterred by vacation,” Milwaukee Journal Sentinel, (WI), 6, April 1, 1999. Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82C93D8C82BD4?p=WORLDNEWS 12 “From the Alderman’s Desk,” Racine Courier (WI), 3, February 4, 1978. Accessed May 17, 2016, http://infoweb.newsbank.com/resources/doc/nb/image/v2:1292857CF20B27C0@WHNPX-

7 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 occasionally reminded voters that they were eligible to vote by absentee ballot if an election fell on a day of religious observance. 13

A few years before the adoption of no-excuse early voting in Wisconsin, election administrators and legislators explored the option of expanding absentee voting and holding more elections by mail. In 1995, Democratic State Senator Lynn Adelman suggested Wisconsin try mail-in voting for the next state Assembly special election. “Voting by mail seemed to work pretty well in Oregon,” she observed, “so I would hope the legislature gives serious consideration to trying it. We should build on the state’s absentee system to find a way to involve more people in the political process and increase participation.” Critics of the idea, however, were concerned the system would advantage candidates with more funding, increase the opportunities for voter fraud, and deny voters late-breaking campaign information that may change their voting decision. 14 The executive director of the State Elections board personally supported the idea, but also observed “Not everyone is comfortable with doing it. Certainly people who have looked at it in Wisconsin aren’t comfortable enough with it to support it.” He cited many voters who expressed concern over whether or not mailed ballots would actually be counted. 15

The Adoption of No-Excuse Early Voting: A Sudden Increase in Early Voters Instigates Change

12CCEBEE93CEADC0@2443544-12CCEBEE9BC0A128@2-12CCEBEEB7B48B38@From the Alderman's Desk?p=WORLDNEWS 13 Kenneth R. Lamke, “Jewish Council Urges Absentee Ballot Vote,” Milwaukee Sentinel (WI), 4A, February 26, 1993. Accessed May 20, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB827B30E7F3D49?p=WORLDNEWS. 14 “State senator urges mail-in vote,” Wisconsin State Journal (Madison, WI), 2C, December 13, 1995. Accessed May 20, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EAF0DF41A61B8D7?p=WORLDNEWS 15 Samara Kalk, “Absent…and accounted for. Last election saw boom in absentee votes,” The Capital Times (Madison, WI), 1A, November 28, 1998. Accessed May 23, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EAF11B84E8DB803?p=WORLDNEWS.

8 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Ultimately, the timing of Wisconsin’s adoption of no-excuse early voting was not shaped by broader discussions of voting laws in the United States, but rather, internal political concerns.

Reform adoption came during a period of relative quiet on the national front in terms of voting and registration laws; the 1993 National Voter Registration Act had been in place for a few years, and Wisconsin’s no-excuse early voting was adopted just months before the 2000 presidential election. State legislators did not seriously consider adopting no-excuse early voting until the 1998 mid-term elections saw a surge in the number of early voters from the previous mid-term elections. Election officials surmised the growth was, in part, because both parties had very recently begun the practice of distributing cards to make absentee voting easier for these groups. One county clerk said that higher levels of absentee voting meant it was a good time to start allowing early voting for any reason. “We have to look at convenience,” he argued.

“People’s lives are busy… they could vote in libraries and malls, and people would be given a few weeks to vote.” 16

When election officials expressed concerns that many Wisconsinites may also be voting early without a legal reason for doing so, county clerks admitted they did not have the capacity to verify whether voters had a legal reason for absentee voting. “Many people don’t put a reason on the request,” said Sandy Turner from the Madison City Clerk’s Office. “We prefer that they do, but if they don’t we don’t call them and ask them. The majority tell us they are going to be out of town on Election Day.” Madison’s City clerk said that if someone wanted to cite heavy traffic or

16Ibid. In the general election in 1996, Republicans sent out absentee ballot applications featuring a message from Republican Governor Tommy Thompson. Democratic absentee ballot applications had a message from Senator Herb Kohl.

9 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 lack of parking as a reason, that was fine. ‘We try to make it easier to vote,” he said. “We’re not going to make them swear on a stack of ballots.”17

In 1999, the state legislature took the first step in relaxing the requirements for voting early by absentee ballot in the state Senate. 18 Democratic Senator Fred Risser, the bill’s sponsor, said it would enhance voter participation and convenience. “Our worlds have changed,” he wrote. “Lives are more hectic, time is a precious commodity, and it’s clear that the voting process must change also.” He also suggested the change might actually serve to decrease the

“ever-escalating” campaign advertising blitzes that regularly happened in the days leading up to an election, a prediction that proved to be unfounded in coming years. 19 Some county clerks also expressed support for the change. 20 Voters, on the other hand, had a more tepid response. A survey done by one state Senator of their district, for example, showed that 56 percent of residents opposed the proposal. 21 Ultimately the measure did not make it through the legislature the first time it was proposed.

In 2000, however, the legislature successfully passed the reform. In light of recent increases in early voters and concerns about voters “abusing” excuse-based absentee voting,

17 Ibid. 18 Associated Press, “Capitol Notes- Bill would ease absentee voting,” Milwaukee Journal Sentinel (WI), 2, March 22, 1999. Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82C8CC2AAD7F2?p=WORLDNEW S. In Milwaukee County, the state’s most populous, clerk Joe Parisi supported the legislation, arguing “Anything that removes barriers to voting should be given serious consideration.” 19 Fred Risser, “Memo to Representative Steve Freeze and Members of the Assembly Committee on Campaigns & Elections,” Wisconsin State Legislature Committee Hearing Records, June 1, 1999. 20 Ron Seely, “Election violation alleged over Fitchburg referendum,” Wisconsin State Journal (Madison, WI), 4C, September 10, 1998. Accessed May 23, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EAF1171EB90FEDE?p=WORLDNEWS 21 Beloit Daily News, Thursday August 12. Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/131020D270CDE580?p=WORLDNEWS.

10 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 legislators passed the reform because they didn’t, according to elections director Kevin Kennedy,

“want to turn voters into liars and municipal clerks into police.” It was easier, he argued, to simply relax the rules for voting early.22 Despite misgivings expressed the previous year, the bill received little opposition in the legislative process. Moreover, the proposal had little coverage in newspapers until after the bill had already passed. Barbara Hansen, the campaign finance and elections administrator for the state board of elections said “Our goal is to get more people to vote. Not one thing seems to increase voter turnout. However, a series of things can start changing (turnout) and eliminating barriers does help increase turnout.” A prominent independent voice in election reform at the time, Curtis Gans, also weighed in on the change, pointing to Wisconsin’s clean history of running elections as reason for supporting it. “Given the fact that it’s Wisconsin,” he said, “I can’t find fault.” Had it been Illinois, a state well known for voter fraud, that would have raised more concerns. 23

The Development of Enduring Campaign Strategies: Adaptation in the Face of Election Crises

The number of early voters in Wisconsin rose steadily following reform adoption, though not nearly as many voters in the state cast ballots early as in other states with the reform at the time. Though far more fast-paced than Wyoming, development of new campaign strategies in

Wisconsin was not as punctuated nor rapid as states like Washington, California, and Texas.

22 Dave Umhoefer, “Lawmakers rush to fix absentee voting- Increased use raises the political stakes,” Milwaukee Journal Sentinel (WI), 01, March 10, 2002. Accessed October 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/0F9B7F3BC51D742A?p=WORLDNEWS. 23 Jeanette Hurt, “State knocks down obstacles for absentee voters- Ballots can be e-mailed; witnesses not needed,” Milwaukee Journal Sentinel (WI), 1, October 30, 2000. Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E1DC4BCDC79?p=WORLDNEW S.

11 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Political actors did develop new strategies to mobilize early voters in the years that followed, but it wasn’t until 2008 that strategies really took hold. As we will see in the pages that follow, in the intervening years campaign adaptation to the reform was eclipsed by a rapid increase legal challenges to the state’s early voting system.

In the fall of 2000, there were a few political actors who sought to leverage the state’s newly liberalized early voting requirements, passed only months before the election. Reverend

Jesse Jackson came to Wisconsin to stump for Democratic Presidential candidate Al Gore in

Milwaukee, taking people to city hall to cast absentee ballots. He also mobilized people at a neighborhood center and local technical college, urging people to “go and vote now” after the rallies. 24 Local schools also continued their tradition of courting early voters, successfully building on strategies developed in previous years.25

Amidst rising scandal and intrigue surrounding early voting in the wake of the 2000 presidential elections, campaigns and party organizations did their capacity to court early voters, especially for top of the ballot races. In 2002, the Wisconsin Republican Party coordinated with

George W. Bush to send out a recorded phone message from the president urging residents to

24 Jeanette Hurt, “Jesse Jackson gets out vote for Gore- Racine visit features absentee balloting,” Milwaukee Journal Sentinel (WI), 7, October 25, 2000. Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E1AE0253757?p=WORLDNEWS; 25 Anne Davis, “Referendum advocates seek support with school tours,” Milwaukee Journal Sentinel, Page 01 (October 3, 2000). Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E0ED6FAC2C6?p=WORLDNEWS In a 22-million-dollar building referendum vote, the Cedarburg School District Referendum Task Force mobilized early voters, also contacting students away from college to encourage them to cast absentee ballots. They built on a similar strategy they had used to pass an 11.9-million- dollar referendum in 1996.

12 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 support Republican congressional candidates. Democrats used a similar program to encourage absentee voting, though lacked a high profile figure to promote the reform. 26

That year, election administrators began to raise concerns that political actors encouraging early voting were making mistakes when helping voters apply for absentee ballots.

Many were worried that parties collecting absentee ballots may not follow through to make sure ballot requests or ballots themselves got through to the appropriate clerk. “The state statute is rather vague,” said Dane County Clerk Joe Parisi. “It does not say a third party cannot take the ballot in. As a voter, I would be hesitant to give my voted ballot to a third part.” 27 In some cases, ballot requests had the incorrect county clerk information. Others sent applications to people who weren’t registered voters. These mistakes added up to confuse voters and overwhelm county clerks, who were left to correct the application forms themselves by contacting voters. “The message is ‘voter beware,’” said Kevin Kennedy. “I think it’s (the groups’) responsibility to get it right. I don’t think it’s far that the voter gets punished and the clerk gets overworked because they’re not taking that responsibility.” 28

26 The full message was: "This is President George W. Bush. You will soon receive an application for an absentee ballot. Please take the time to fill out that application and mail it back. Once you receive your ballot I hope you will support our great Republican candidates. They are working to make America stronger, safer and better. I appreciate your support of my agenda. Please when a vote-by-mail application arrives, fill it out and return it. It's a convenient way to vote. Exercise your right as an American to vote and join me in supporting our Republican candidates." 27 Anita Weier, “Taped Call from Bush Urges Residents to Vote Absentee.” The Capitol Times (Madison, WI), 1A, October 2, 2014. Accessed October 7, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0F69F6A2C25AAF84?p=WORLDNEWS. 28 Linda Spice, “Absentee ballots cause headaches for clerks- Officials are swamped with requests; glitches complicate the process,” Milwaukee Journal SentinelI (WI), 10, October 24, 2002. Accessed October 07, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0F6E0C94B36DE624?p=WORLDNEWS.

13 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 For the 2004 presidential elections state party organizations working in conjunction with presidential candidates George W. Bush and John Kerry developed more sophisticated strategies for courting early voters. Republicans again sent out automated calls from Bush to prospective

Republican voters giving them information on how to vote early by absentee ballot. The Kerry campaign aggressively courted early voters through canvassing and a mass mailing. “The important thing… is trying to reach those Democrats who are infrequent or sporadic voters,” said

Kerry’s Wisconsin campaign spokesman. Their goal was to try to “bank” those voters before

Election Day to make Get Out the Vote Efforts on Election Day less burdensome. 29

In 2004, Democrats also developed the first iteration of an early voting strategy they would carry over into subsequent election years: bringing in high profile politicians, celebrities, and performers to hold “early voting rallies.” Bruce Springsteen and Dave Grohl of the band

“The Foo Fighters” headlined a rally for early voters on behalf of John Kerry at a free concert in

Madison, Wisconsin, the site of many liberal, younger voters. The Republican National

Committee cried foul when Madison’s city clerk offered to open their office for longer than usual to accommodate rally goers. 30 A strongly worded letter to the state Elections Board charged the Kerry / Edwards campaign and Madison city clerk of being “improperly engaged in coordinated efforts to allow Kerry voters a special opportunity to vote early,” and that the extended hours were “designed to benefit” Democrats. Elections board executive director Kevin

Kennedy disagreed with this interpretation. “We encourage campaigns to talk to clerks because

29 Steve Schultze, “absent but quite influential. Campaigns are urging people to vote early,” Milwaukee Journal Sentinel (WI), 01, October 3, 2004. Accessed October 9, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/105819783B6D1B8F?p=WORLDNEWS. 30 Stacy Forster, “GOP blasts voting access for fans at Madison rally. 40,000 expected at concert for Kerry, clerk extends hours,” Milwaukee Journal Sentinel (WI), 03, October 28, 2004. Accessed October 9, 2014, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10604D2F3131F799?p=WORLDNEWS

14 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 we don’t want the clerks to be caught by surprise,” he said. “I think there is nothing worse than having clerks go home and have 1,000 people waiting in line.” 31

Early voting was up in 2004 compared to the previous presidential election and county clerks suggested the pushes by Republicans and Democrats to encourage early voting likely fueled the increase. “It frees up their time to focus on people who are undecided,” observed one county clerk. 32 But not all clerks were pleased with the increase in early voters. After they were crushed with increased request for absentee ballots, some cities called on the state legislature to rescind the state’s no-excuse early voting law, though these requests largely fell on deaf ears.33

By 2006, an estimated 10% of Wisconsin’s voters cast early ballots, up 6% from the

2002 mid-term elections. Though the number was lower than other states with no-excuse early voting at the time, it was high enough to make a reversal of the state’s “no-excuse” early voting law difficult even though some legislators and election administrators expressed growing skepticism over the law. Elections director Kevin Kennedy did suggest, however, that part of the reason why early voting numbers weren’t higher was because Wisconsin voters were hesitant to use early voting on account of of their political traditions. “Wisconsin is still Old World enough

31 Judith Davidoff, “Absentee voter crowd absent- GOP still contesting Clerk’s hours,” The Capital Times (Madison, WI), 5A, October 29, 2004. Accessed October 9, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/1060D143D86C9B27?p=WORLDNEWS 32 Barry Adams, “Records for absentee votes falling fast in area,” Wisconsin State Journal (Madison, WI), B1, October 21, 2000. Accessed October 9, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/105E2E2AE056C3C0?p=WORLDNEWS. 33 “City looks to amend voting laws,” Reedsburg Times-Press (WI), January 26, 2005. Accessed October 9, 2004, http://infoweb.newsbank.com/resources/doc/nb/news/13C7754C231D26A8?p=WORLDNEWS. The City of Reedsburg sent a resolution to the state legislature that read, “The City Council of the City of Reedsburg petition the State of Wisconsin legislature to reinstate the law requiring a reason for requesting an absentee ballot; and authorize appropriate penalties for persons requesting absentee ballots when there are no obstacles preventing them from casting their votes at the appropriate polling place on Election Day.”

15 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 that going to the polling place is a ritual they like… Many people I’ve talked to in the last two weeks have said, ‘I’d rather not vote absentee. I like going to the polling place on Election Day and seeing my neighbors.’” 34

Perhaps a bigger obstacle to reversing the law was the increasing use of early voting strategies by party organizations. By 2006, early voting drives were a regular component of party strategies. “The goal is to encourage more Democratic voters, to give them a convenient way to cast their ballots,” said the group’s executive director. “It’s like an insurance policy, because we all have hectic lives and we do not know what is going to be going on Election Day.” That year, their mailing included a postcard Democrats could send to municipal clerks requesting an absentee ballot. Republicans did not do a similar mailing, but did encourage volunteers to vote by absentee so they could focus on getting supporters to the polls on Election Day. 35

Generally, since 2000 parties gradually incorporated early voting strategies as a way to bank strong supporters early and then focus their energies on persuading and mobilizing undecided voters. The real turning point for early voting in Wisconsin, however, came in the midst of the 2008 presidential elections. Election administrators had planned for an increase in early voters, expecting about 15% of the population to vote early, but the final percentage of early voters—22%— far exceeded their expectations. 36

34 Craig Gilbert, “10% in state expected to vote before Election Day- Trend catches on better in other states,” Milwaukee Journal Sentinel, 03, October 27, 2006. Accessed October 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/115092E8872CAB80?p=WORLDNEWS. 35 Joan Kent, “Absentee voting may be on increase here,” La Crosse Tribune (WI), 1, October 28, 2006. accessed October 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/13B34719A06A66A0?p=WORLDNEWS 36 Craig Gilbert, “The voting begins Monday,” Milwaukee Journal Sentinel Blogs (WI), October 1, 2010. Accessed January 24, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1329CCA76F812DB8?p=AWNB.

16 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 They surmised the increase was in part because the 2008 presidential candidates — particularly Democratic candidate Barack Obama—made unprecedented efforts to mobilize early voters in the state that year. Though both candidates had strategies in place in Wisconsin, they used different tactics. McCain’s campaign relied heavily on mass mailings to get supporters absentee ballots.37 However, several of the campaigns’ mailers gave the wrong municipal clerk’s office listed as the return address. More suspicion was aroused when these mailers were received by Democrats. One voter was irate, insisting, “they’re trying to knock me off the rolls. I can’t tell you how upsetting this is to me. This is how you win elections? By disenfranchising voters?” A

McCain spokesman denied the mistakes were intentional. “You do the best with the lists you have, and no list if perfect,” he said. “There is certainly no type of suppression effort going on. 38

A non-partisan analyst of election reforms also weighed in, agreeing with this interpretation.

‘Given the choice between evil and a mistake,” he said, “always bet on a mistake. If I had to guess, sitting a thousand miles away, I’d bet it was a mistake.” 39

Rather than rely on mailings to mobilize early voters, Obama’s campaign used a less risky approach, expanding upon strategies piloted during the 2004 presidential elections by his party, bringing in high profile speakers, like 2004 presidential nominee John Kerry, to rally early voters. 40 Obama campaign spokesman Matt Lehrich said the strategy allowed them to get strong

37 Mark Pitsch, “McCain’s mailer stirs controversy- was he trying to get voters to cast absentee ballots where they’re ineligible to vote, or was it a mistake?” Wisconsin State Journal (Madison, WI), A1, September 13, 2008. Accessed July 01, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/1233305D21970B78?p=WORLDNEWS. 38 Associated Press, “McCain fliers give wrong ballot mailing info,” The Capital Times (Madison, WI), September 13, 2008. Accessed July 1, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/1233305D4B5951B8?p=WORLDNEWS. 39 Mark Pitsch, “McCain’s mailer stirs controversy” 40 Greg J. Borowski, “Election 2008. Kerry stumps for Obama. Former nominee holds rally in city,” Milwaukee Journal Sentinel (WI), 10, October 15, 2008. accessed July 01, 2016,

17 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 supporters to vote early, who could then turnout their friends on Election Day. University of

Wisconsin political scientist Barry Burden also suggested Obama was likely trying to capitalize on polls showing him well ahead of McCain early on during the early voting period, securing votes before the lead potentially slipped away. 41

Though Obama’s early voting strategy was far more intense than anything the state had seen prior, Lehrich said their efforts were less intense than in other states that year because

Wisconsin allowed same-day registration and had a history of well-run elections. 42 “Same-day registration means there’s not as much of an urgency to get people registered and voting early,” said Lehrich. 43 However, a late in October slip in the polls was followed by a major push by the

Obama campaign to court student voters to cast early ballots. He brought in members from the popular band WILCO for a concert at the Wisconsin Union Theatre in Madison, who were joined by Wisconsin Senator Russ Feingold and Congresswoman Tammy Baldwin, to push students to get their ballots in before Election Day.44

With both candidates touting early voting to supporters and an increase in early voting across the state, election officials did not see the reform giving either candidate or party a clear

http://infoweb.newsbank.com/resources/doc/nb/news/123D8BC0DDA3BCF0?p=WORLDNEW S. 41 Mark Pitsch, “Voting early’s a hit- More state residents like the ease of voting before Election Day,” Wisconsin State Journal (Madison, WI), A1, October 20, 2008. Accessed, http://infoweb.newsbank.com/resources/doc/nb/news/123F61B30A8855B8?p=WORLDNEWS. 42 Ryan J. Foley, “Absentee voting expected to increase in Wisconsin,” The Capital Times (Madison, WI), September 21, 2008. Accessed July 1, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/123628A6C371F540?p=WORLDNEWS. 43 Greg J. Borowski, “Absentee ballot begins. McCain, Obama camps push to nail support before November 4,” Milwaukee Journal Sentinel (WI), 01, October 6, 2008. accessed July 01, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/123A962EEBFCE510?p=WORLDNEWS. 44 John Nichols, “Election matters: Obama’s lead dips to single digits in state,” The Capital Times (Madison, WI), October 29, 2008. Accessed January 16, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1242599E35F11118?p=AWNB.

18 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 advantage. Obama energized his base in heavily Democratic urban Madison and Milwaukee with early voting rallies, but the McCain campaign generated interest with its mailings in rural, strongly Republican areas of the state. And in the wake of Obama’s comfortable victory in the state, it was impossible to determine to what extent his approach of using rallies to court early voters gave him an advantage over the McCain campaign’s tactic of mobilizing early voters by mail. 45

In 2010, political campaigns continued their pursuit of early voters. President Barack

Obama built on strategies developed in 2008, holding rallies featuring himself and First Lady

Michelle Obama to support embattled Senator Russ Feingold, who was facing a strong challenge from Tea Party backed Republican Ron Johnson. 46 Illinois Senator Dick Durbin also traveled north to get out early voters for Feingold with Congresswoman Tammy Baldwin. Feingold launched a website to promote early voting in Wisconsin, and held rallies designed to personally connect him with Wisconsin students to encourage early voting. 47

Republicans, too, continued their strategy of courting early voters through the mail. The

Republican Governor’s Association sent out thousands of absentee ballot applications already filled in with voter information to galvanize support for Republican gubernatorial candidate Scott

45 John Nichols, “Election matters: does all this early voting favor Obama?” The Capital Times (Madison, WI), November 2, 2008. Accessed January 16, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/124404D8A5DEFA10?p=AWNB. 46 Scott Bauer, “Obama’s rally set for UW Campus. The First lady also plans a fundraiser for Russ Feingold,” Wisconsin State Journal (Madison, WI), A3, September 22, 210. Accessed January 24, 2017, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1326C4F5E5E47C38?p=AWNB. 47 Hillary Gavan, “Assistant majority leader visits Beloit,” Beloit Daily News (WI), October 9, 2010, accessed January 24, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/132C0D3C87721CD8?p=AWNB; “Feingold rallies at UW-O- Senator promotes campaign, early voting.” The Advance-Titan (Oshkosh, WI), October 7, 2010. Accessed January 24, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/132C2C4A9D6836A8?p=AWNB.

19 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Walker. Some election administrators took issue with their filling out of voter’s personal information after they received complaints from voters. Sue Edman, executive director of the

Milwaukee Election Commission, observed that while it wasn’t unusual for parties to send out ballot applications, she’d “never seen anything like this. 48

After the 2010 mid-term Elections, Republicans swept back into power on the wave of

Tea Party pushback to the Obama presidency and Democratic majorities achieved in 2006 and

2008. Their victory meant they were finally able to propose—and enact—long sought after legislation requiring voters provide identification both when casting early ballots and voting in person on Election Day. Incentive for this provision did not come out of nowhere. They were, in part, the result of years of legal controversies early voting in Wisconsin following the 2000 elections and persistent efforts by Republicans to raise concerns about threats of voter fraud.

Legal Implications: The 2000 Presidential Election and Rapid Challenges to Early Voting

Though the state legislature passed no-excuse early voting under fairly inconspicuous circumstances, the honeymoon period for the reform was short lived. Even before the legal standoff in Florida, in late October 2000, the Democratic Party was accused of engaging in a

“cigarettes-for-votes” scheme after one Democratic supporter was videotaped giving cigarettes to homeless men in exchange for them casting absentee ballots, which, combined with heightened awareness about maleficence by political actors and election administrators that came out of

Florida, was followed by a slew of legal challenges to early voting in years that followed.

48 Larry Sandler, “GOP absentee voter mailing causes concerns over personal information,” Milwaukee Journal Sentinel: Web Edition (WI), October 5, 2010. Accessed January 24, 2017. http://infoweb.newsbank.com/resources/doc/nb/news/132B18A9925586F8?p=AWNB.

20 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 When they got wind of the “cigarettes-for-votes” plot, officials from the Wisconsin branch of the George W. Bush campaign considered seeking charges against the Gore campaign even though Democrats insisted they had nothing to do with the scheme. Susan Lagana, the spokeswoman for the Democratic Party of Wisconsin said, “these people do not work for the

Gore / Lieberman or for the Democratic Party.” Eventually, the individual responsible for incident came out and admitted they did indeed act on their own.49

But the Bush campaign insisted there was more to the story. Ari Fleischer, spokesman for the campaign, said the tactic was “just plain and simple wrong.” The chairman of the Wisconsin

Republican Party filed a civil complaint to the Elections Board, which was referred to the

Milwaukee County district attorney because the complaint alleged an election crime. Governor

Tommy G. Thompson, also chairman of the Bush campaign said, “there is absolutely no place in

Wisconsin for this brand of gutter politics,” and called for extra vigilance on Election Day. 50

What ensued in Florida the month and a half following Election Day only amplified the implications of the “cigarettes-for-votes” scheme and increased scrutiny of Wisconsin’s newly adopted early voting system. Furthermore, because of the closeness of Gore’s win in Wisconsin and alleged improprieties in Milwaukee, the Bush campaign considered asking for a recount in the state, where Gore won by only 6,099 votes out of the nearly 2.6 million cast. 51 Despite the

49 Jamaal Abdul-Alim, “Incentive to voters questioned- Democratic Party backers gave homeless men cigarettes,” Milwaukee Journal Sentinel, Page 01 (November 6, 2000). Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E219B5678E4?p=WORLDNEWS; Nahal Toosi and Steve Schultze, “GOP alleges bribery in cigarette handouts- Democrats insist they had no connections to ‘smokes for votes,’ Milwaukee Journal Sentinel, Page 14 (November 17, 2000). Accessed September 24, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E21EE00DC0C?p=WORLDNEWS. 50 Ibid. 51 Dennis Chapman, “Bush campaign considering bid for Wisconsin recount- Officials, who might ask to check Iowa vote as well, cite complains of irregularities here,” Milwaukee Journal

21 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 state having a consistent track record of clean and fair elections, the Wisconsin State Republican

Party called on Milwaukee County’s district attorney to investigate hundreds of alleged voting irregularities and fraud “of a kind only previously seen in Chicago.” Students at multiple universities were also accused of—and some openly admitted to—voting twice by absentee ballot, though many were later found to have made false statements to journalists. 52

In the wake of the election, Wisconsin officials immediately revisited their nascent no- excuse early voting law. Some sought to reverse the change and eliminate the state’s same day- registration law, which had been in place since the late 1970s. “We’ve created a way for people to be very casual about the vote,” said Republican State Senator Margaret Farrow. “I don’t think it should be as easy as falling off a log.” 53 Democratic attorney general James Doyle pushed back against these efforts and Republican claims. He said they were overblown and had unfairly given Wisconsin a “black eye” in the national news.” 54

Sentinel (WI), 01, November 10, 2000. Accessed September 25, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E23523D7C42?p=WORLDNEWS. 52 Mike Johnson, “GOP urges McCann to investigate vote- Party alleges hundreds of accounts of potential voter fraud in Milwaukee.” Milwaukee Journal Sentinel, Page 01 (November 11, 2000). Accessed September 26, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E23DE666F0B?p=WORLDNEWS; David Callendar, “N.Y. Paper: ‘Cheese head ballot has holes. Wisconsin allegations get national notice,” The Capital Times (Madison, WI), 2A, November 14, 2000. Accessed September 26, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EAEFEE70E9F1746?p=WORLDNEWS. 53 Scott Milfred, “Elections take a drubbing here. States clean reputation suffered during the unusual 2000 election.” Wisconsin State Journal, November 19, 2000, Page A1. Accessed September 26, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EAEFEEB8F8CD7FD?p=WORLDNEW S. 54 Richard P. Jones and Steve Schultze, “State vote fair, Doyle says- Fraud claims overblown, attorney general says, but GOP presses on,” Milwaukee Journal Sentinel (WI), 01, November 16, 2000. Accessed September 26, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E26DC4C1072?p=WORLDNEWS

22 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 But Governor Tommy Thompson and other members of the GOP said the state needed to reform its election laws to curb voter fraud. Thompson argued, “We have a proud history of clean elections in this state, and we can’t let old-time, Chicago-style elections undermine our electoral process. 55 “We know whose votes they’re trying to suppress,” shot back Democratic

State Senator Gwendolyn Moore after seeing Republican proposals for reforming the state’s elections system. Another Democratic state senator quipped, “They have the political motivation to grasp at whatever they can give to cover the Republicans and Governor Thompson for failing to deliver Wisconsin for Bush. 56

In the next legislative session, Republicans quickly proposed legislation to eliminate “no- excuse” early voting, and add requirements that voters show identification for both early and in- person voting. Democrats vigorously opposed these efforts. “It seems like they are

“systematically going through [the] legislation trying to disenfranchise people. You’re saying people have to go and beg to come up with a reason to get an absentee ballot? I don’t know why you want to add this burden,” argued one Democratic representative. Republicans maintained they were trying to put more responsibility on voters and bring control back to the early voting process. 57

In response to Republican proposals, Democrats came up with their own plan to ensure the integrity of the state’s early voting system. Gwendolyn Moore proposed allowing municipalities to set up satellite voting stations to register voters and accept absentee ballots

55 Milfred, “Elections take a drubbing here.” 56 Jones and Schultze,, “State vote fair, Doyle says.” 57Dennis Chapman, “Assembly panel backs tighter voting requirements- Bill would require voters to present identification, limit absentee voting,” Milwaukee Journal Sentinel (WI), 01, January 24, 2001. Accessed October 2, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0EB82E60A645BFE5?p=WORLDNEWS.

23 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 during the month before an election, which would also allow voter registration to be spread out over multiple weeks, instead of only having same day registration on Election Day. Ultimately, neither party’s reforms made it through the legislature in 2001 and were not taken up in 2002.

Democrats blocked Republican’s election reforms bill, Republicans referred the Democrats’ bill back to committee instead of allowing the full assembly to vote on it. 58

The next general election season brought new allegations like the “cigarettes-for-votes” early voting scandal during the 2000 presidential elections. A bingo event held at a Kenosha facility for the mentally ill prompted a criminal investigation by Republicans against Jim Doyle, the Democratic candidate for governor. They accused Doyle’s campaign of using quarters paid as bingo prizes and refreshments to motivated mentally unstable residents to cast absentee ballots. Ultimately, a special prosecutor and federal authorities denied requests by the Wisconsin

State Republican party to investigate, saying the event did not rise to the level of a federal offense. Without a court order in their favor, Republicans instead opted to release a series of ads highlighting the event that called out Doyle for being “crooked” and “shameful.”59

Early voting intrigue continued to wend its way through the state the following spring, when a candidate for a county board position in Milwaukee called for authorities to postpone the

58 David Callender, “Dems push vote reforms, rap GOP proposals,” The Capital Times (Madison, WI), 2A, May 1, 2011. Accessed June 11, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EBC6E2519E1B876?p=WORLDNEWS; “Voter ID bill blocked in assembly,” La Crosse Tribune (WI), November 8, 2001. Accessed October 2, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/13B53E22D8AE0DE0?p=WORLDNEWS. 59 Steve Schultze, “Accusations ring hollow- Rivals offer little proof of other’s misdeeds,” Milwaukee Journal Sentinel (WI), Page 1, October 30, 2002. Accessed October 7, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0F700F201B7778B5?p=WORLDNEWS; JR Ross and Robert Imrie, “Feds see no need to investigate bingo party,” The Capital Times (Madison, WI), Page 1A, November 1, 2002. Accessed June 13, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0F70E661CAC33207?p=WORLDNEWS.

24 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 election until the early voting strategy of her opponent, Lee Holloway, could be investigated. A non-profit political group, African-American Coalition for Empowerment (ACE) found a loophole in the state elections code that allowed them to get the permission of residents to have their blank absentee ballots mailed to the organization, after which they would deliver them. The loophole allowed voter-requested absentee ballots to be mailed to “non-party” and “non- candidate” entities.60

The sticking point, however was that ACE’s president was also Holloway’s campaign manager. ACE defended their strategy, arguing it was well-intentioned and meant to overcome

“historic apathy” by black voters. “I understand the concerns about potential fraud, but in spite of what people say, this is not Chicago,” said one representative of the group. They openly acknowledged they were planning to use the tactic later that spring for a special election in

Milwaukee, and then expand it for the 2004 elections. They admitted the strategy was prompted by the state’s adoption of no-excuse early voting three years prior. 61

Ultimately, the Milwaukee County prosecutor charged that Lee Holloway had, in fact, been the beneficiary of early voting fraud, but could find no evidence Holloway himself knew of the illegalities. There were 92 felony accounts charged to 8 ACE workers, the most serious elections crime case during the prosecutor’s 40 years in office. Though the group’s strategy of having blank ballots first mailed to their organization headquarters and then delivered to voters

60 Dave Umhoefer, “Absentee ballot dispute erupts in Holloway recall- His opponent calls for investigation, delay of Tuesday’s election,” Milwaukee Journal Sentinel (WI), 01, March 3, 2003. Accessed October 7, 2014, 07, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0F98F0864D5CACD5?p=WORLDNEWS. 61 Dave Umhoefer, “Holloway wins easily in recall election- But 10% of ballots are sealed in probe of absentee vote tactic,” Milwaukee Journal Sentinel (WI), 01, March 5, 2003. Accessed October 7, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0F99923E56224C06?p=WORLDNEWS.

25 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 was technically legal, the investigation uncovered hard evidence of voter fraud, including forged signatures, fictional voter names, and vacant lots used as addresses to which to send absentee ballots. 62

Milwaukee’s district attorney said he foresaw disaster if the loophole exploited by ACE was expanded and used by other political actors. “We’re headed down the road to another nightmare and another disgrace for our elections. 63 The ACE scandal prompted state legislators to draft legislation addressing these issues. Democratic State Representative Shirley Krug proposed a bill to only allow absentee ballots be delivered to a voter’s permanent, temporary, or work address. In a more restrictive move, Republican State Representative Bonnie Ladwig sought to resurrect requirement that two people witness a voter casting an absentee ballot. This proposal was opposed by the executive director of the state elections board and many

Democrats.64 “I don’t want [the ACE case] to become an excuse… to disenfranchise people,” argued state Senator Gwendolyn Moore, who agreed political groups should not get ballots, but did think state law should allow some non-profits, like agencies for homeless people, accept ballots for those without residences. 65

The ACE voting fraud scandal again led Republicans to push for the passage of legislation requiring voters to have photo identification for early voting and Election Day voting,

Though Democratic Governor Jim Doyle ultimately vetoed the legislation, the final passage on

62 Dave Umhoefer, “8 charged with election fraud- Holloway not implicated in absentee drive,” Milwaukee Journal Sentinel (WI), 01, July 23, 2002. Accessed October 7, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0FC7B76375047E04?p=WORLDNEWS. 63 Ibid. 64 Associated Press, “Tighter absentee vote rules sought- 2 legislators will introduce bills,” The Capital Times (Madison, WI), 2A, March 10, 2003. Accessed October 7, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/0F9B6A9B8B6DB3D6?p=WORLDNEWS 65 Ibid.

26 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 the vote in the state Assembly was still contentious. Johnnie Morris, an African American representative from Milwaukee, protested “I should not have to produce any card, any photo ID, to give me the right earned by my ancestors… the only group of people who didn’t come here voluntarily.” Her Republican colleagues accused her of having a “chip” on her shoulder. 66

These kinds of dynamics would only grow more prevalent in legal debates over early voting in Wisconsin the years to come. Before the 2010 elections, Democrats moved quickly to pass a bill requiring automatic registration when people signed up for driver’s licenses, limiting parties’ abilities to challenge voters, and expanding early voting to satellite locations. They argued the bill was meant to prevent voters from being intimidated and to encourage turnout.

Republicans insisted the bill would only “promote fraud.” Reince Priebus, the chair of the

Republican Party in Wisconsin, pushed back against the reform, arguing “under a guise of increasing voter enfranchisement, the Democrats are posed to pass voting law changes without adequate public review.” 67 Some opponents of the bill, including those from the conservative watchdog group Citizens for Responsible Government, offered financial support to anyone who wanted to mount a recall effort against the bill’s sponsor and other supporters. 68

It wasn’t until after 2010, when they gained control of all branches of state government, that Republicans were able to bring their push for voter identification laws to legislative reality.

At the start of the 2011 legislative session, they wasted no time proposing long-sought after voter

66 Associated Press, “Voter ID veto override fails by 5,” The Capital Times (Madison, WI), 4A, October 3, 2003. Accessed June 13, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0FDFA0A1889783EA?p=WORLDNEWS. 67 Mary Spicuzza, “Bill aims to make it easier to vote,” Wisconsin State Journal (Madison, WI), A4, April 2, 2010. Accessed January 17, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/12EDC15A55A30448?p=AWNB 68 Jason Stein, “Republicans slam elections overhaul,” Milwaukee Journal Sentinel: Web Edition Articles (WI), April 14, 2010. Accessed January 17, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/12F1DAD86D12E508?p=AWNB.

27 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 identification requirements for both early and Election Day voters. Election Day voters were required to bring specific forms of identification to the polling booth, while early voters had to provide a copy of their photo identification, such as a driver’s license, when they mailed in their absentee ballot. Not surprisingly, Democrats aggressively opposed the plan, as they believed it would make voting more difficult for disadvantaged groups who didn’t have the means to make copies, let alone obtain adequate photo identification in the first place. “It’s another assault on average Wisconsinites,” argued Democratic Representative Tamara Grigsby, “but particularly those most vulnerable. 69

The GOP moved swiftly to get the bill through the legislature. Both political observers and Democrats conjectured this was because a slate of Republican state senators faced recall elections that summer. “They’re trying to push things through as fast as they possibly can,” said the Democratic Assembly Minority Leader. “I think they hear footsteps, and they know that their days very well could be numbered controlling every element of state government.” 70

When the legislation was approved, the final vote in the Senate was a hot-blooded affair.

Eight Democrats refused to vote in protest over how the proceedings were conducted;

Republicans imposed a 1-hour time limit on debate, only the third time such a limit had been put on debate in the Wisconsin Senate’s history. A crowd gathered in the viewing gallery of the

69 “Bill affects more than voter ID- Absentee ballots limited, primary date moved in new GOP version,” Milwaukee Journal Sentinel: Web Edition Articles (WI), April 26, 2011. Accessed January 30, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/136E03E3DAF496C8?p=AWNB. 70 “GOP moves quickly on voter ID bill- Democrats, hoping to gain in recalls, protest fact track; measures wouldn’t be law til ’12,” Milwaukee Journal Sentinel: Web Edition Articles (WI), May 9, 2011. Accessed March 07, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/13724B13EAE89A98?p=AWNB.

28 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Senate and chanted “shame!” as Senators exited the chambers, following by shouts of “recall!” and “we shall overcome!” 71

The requirement to show ID in person at polling places didn’t go into effect until the

2012 elections, but the ID requirement for early voting went into effect immediately, and was enforced for the recall elections that summer. The bill also made changes to the length of time during which residents could cast early ballots. 72 City clerks predicted Wisconsin residents would be confused over this provision in particular. “Some will forget,” argued one clerk. “Some just won’t know. Either way, there will be confusion.” 73 Some voters did end up losing their vote because of the change. Two Eau-Claire voters had planned on casting absentee ballots for the 10th Senate district recall before they went out of town. But they were told they couldn’t vote because, under the new law, they needed to cast their ballots by the Friday before the election.

“I’m furious,” said one voter. “I feel disenfranchised. We either have to drive a couple hundred miles to come back to town or not vote. My husband said he’s not driving back 200 miles at $4 a gallon.” 74

Democrats did not recall enough Republicans to take back control of the state Senate. But the fight over the newly enacted voter identification laws was far from over. In the fall of 2011,

71 “Senate passes photo ID bill; some Democrats refuse to vote,” Milwaukee Journal Sentinel: Web Edition Articles (WI), May 19, 2011. Accessed March 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/13759062ECBBB4B8?p=AWNB. 72 “Governor Walker signs voter ID into law,” FOX-6 WITI (Milwaukee, WI). May 25, 2011. Accessed March 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/13AC6C954D299160?p=AWNB. 73 Clay Barbour, “Election officials wary as Walker signs voter ID bill into law,” The Chippewa Herald (Chippewa Falls, WI), May 26, 2011. Accessed March 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/13BA2DDA85EB4240?p=AWNB. 74 “New voter ID leaves some absentee voters without ballot,” The Leader-Telegram (Eau Claire, WI), July 12, 2011. Accessed March 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1387461222DD6A40?p=AWNB.

29 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 the League of Women Voters of Wisconsin filed a lawsuit challenging the law. The suit said it placed an unfair burden on people who do not need driver’s licenses, particularly the elderly, people with disabilities, low-income citizens, and students. They pointed to a clause in the

Wisconsin constitution limiting the kinds of laws the legislature could enact affecting suffrage.

The constitution allowed for only two classes of people to be excluded from voting: felons, and the mentally incompetent. The suit claimed the legislation created a new group of disenfranchised voters—those without photo identification, making the provision unconstitutional under Wisconsin state law. 75 “Some people say you have to show ID to use the library, cash checks, and so on,” argued Melanie Ramsey, the League’s president. “That is very different than a right that is guaranteed by the constitution of the state or federal government.

Those transactions are generally based on personal business decisions of companies or other entities. They are not rights of citizenship. 76

The American Civil Liberties Union followed shortly thereafter with their own lawsuit in federal court. The ACLU based its complaint on Wisconsin resident Ruthelle Frank, a resident who had voted in every Wisconsin election since 1948, but unable to do so because she lacked the necessary means to get identification—a birth certificate—in the first place. A few days after the American Civil Liberties Union Filed their lawsuit, the National Association for the

Advancement of Colored People also filed a lawsuit filled with examples of voters lacking the necessary identification to vote.77

75 Jessica Venegeren, “Capitol Report: League of Women Voters files suit against voter ID law,” The Capital Times (Madison, WI), October 20, 2011. Accessed March 8, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/13A8BE7554ABCB38?p=AWNB. 76 Vanegeren, “Capitol Report: League of Women Voters files suit against voter ID law.” 77 Shawn Johnson and Laurel White, “As voting begins, a look back at the fight over Wisconsin’s voter ID law.” Superior Telegram. Accessed April 19, 2017,

30 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 The years that followed featured a dizzying array of legal action that made the status of the states’ voter ID law tenuous through the 2016 elections. In 2012, it got held up in a series of court cases, and was blocked for Governor Scott Walker’s recall election in June of 2012 and the presidential election between President Barack Obama and Republican Mitt Romney that fall. In

2013, Assembly Republicans proposed changes to the legislation to help it survive a court challenge, but Senate Republicans flatly refused to debate the changes, opting to stay the legal course. 2014 was replete with a chaotic number of legal back and forths. In April of 2014, a U.S.

District Judge issued the first federal ruling blocking the law. But in September of 2014, the 7th

Circuit Court of Appeals issued orders reinstating the law. But less than a month before the 2014 gubernatorial elections, the U.S. Supreme Court turned things around again, issuing an order blocking the law.78

After being reinstated in 2015, in July 2016 the law was partially struck down by Federal

District Court Judge James Peterson, who wrote in his decision that “Wisconsin’s strict version of voter ID is a cure worse than the disease.” His decision loosened some of the law’s restrictions. Students were allowed to use expired IDs at the polls, and the order also lowered the standards for casting absentee ballots. Peterson did not find the 2011 law to be overtly racist, but he did write that the way the legislature’s limitations on early voting “was to suppress the reliably Democratic vote of Milwaukee’s African Americans.”79 The ruling, however, set off a spate of legal back and forths in the coming months. In October, the plaintiffs from an earlier

http://www.superiortelegram.com/news/wisconsin/4123132-voting-begins-look-back-fight-over- wisconsins-voter-id-law 78 Ibid 79 Sarah Smith, “2016 Election Lawsuit Tracker: The New Election Laws and the Suits Challenging Them,” ProPublica. Accessed April 19, 2017, https://www.propublica.org/article/2016-election-lawsuit-tracker-new-election-laws-suits- challenging-them#55

31 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 case filed for a suspension of the voter ID law. Peterson did not suspend the law, but did order the state to conduct better public information campaigns clarifying how voters without birth certificates could still get an ID. 80 Ultimately, during early voting and on Election Day in

Wisconsin in 2016, residents were required to show some form of photo identification in order to vote.

Ohio

Precursors to Adaptation: Established “Excuse-based” Early Voting Strategies

For at least two decades before Ohio adopted no-excuse early voting, political operatives sought the votes of citizens eligible to vote early under their excuse-based system. Over the years, these efforts were often the subject of legal scrutiny by candidates and election administrators. These dynamics were such an established part of political campaigns that by the time the state actually adopted no-excuse early voting in 2005, some wondered whether political actors already considered the law to be “no-excuse” given the intensity with which they sought out early voters. When the state finally did adopt no-excuse early voting, party operatives and candidates were well positioned to build on the successes of previous years—both in terms of actually mobilizing early voters, and challenging the reform in the courts.

Quite prominent during Ohio’s era of “excuse-based” early voting were election improprieties perpetrated through absentee ballots. Residents of one county in particular, Pike, were used to witnessing ballot abuse and the buying and selling of absentee votes. In 1987, an unusually high number of absentee votes and complaints by residents caught the attention of the

Secretary of State’s office one election year. In the 1988 spring primary, one Pike County township had 50 percent of their ballots cast in absentee. “I don’t think half the people in this one

80 Ibid.

32 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 township go to Florida in the winter,” said a spokesman from the Secretary of State’s office.

Residents regularly filed complaints about candidates and their supporters, who had access to lists of absentee voters from county elections boards. They accused candidates of following mail carriers to “help” residents fill out their ballots as soon as they were received.” 81

In 1990, a federal grand jury indicted two Pike County Republican women on charges of election fraud in their spring primaries. Both women were accused of improperly directing the votes of at least 15 other voters. One of the workers, Betty Salisbury, was accused of voting for a man who was home asleep. “He was passed out in the bed from being Drunk,” said his wife.

Salisbury told her there was “no need waking him up. We know who he wants to vote for anyway.” She had also gotten another Pike County resident to buy votes for $5 per ballot from two ballots and also take ballots out of voters’ mailboxes before they arrived home. 82 In 1993, after a federal appeals court threw out Salisbury’s’ fraud conviction, her lawyer maintained she had been unfairly targeted by Democrats who wanted to stop “the resurgence of the Republican party in Pike County. There were people who were jealous of her successful political activities,” he argued. 83

Pike County was not the only area of Ohio to experience legal controversy over absentee voting under the state’s excuse-based system. In November of 1991, over 20% of registered

81 Associated Press. “State looking into allegations of voter fraud in Pike County,” Akron Beacon Journal (OH), C3, July 12, 1988. Accessed on September 15, 2015 from: http://infoweb.newsbank.com/resources/doc/nb/news/0EB6291171DED135?p=AWNB; “Voting ‘help’ probed in Pike County,” The Columbus Dispatch, Page 2B (July 12, 1988). Accessed on September 15, 2015 from: http://infoweb.newsbank.com/resources/doc/nb/news/11B95F1C3B5072C0?p=AWNB 82 Jim Woods, “Appeals court rejects voter fraud conviction,” The Columbus Dispatch, Page 04B (January 20, 1993). Accessed May 12, 2016, p://infoweb.newsbank.com/resources/doc/nb/news/10E0D94515A83468?p=AWNB. 83 Ibid.

33 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 voters in one municipality, Elmwood Place, requested absentee ballots, catching the attention of election officials. 421 ballots were impounded for investigation. Of those filed, 257 indicated on their application they would be unable to vote on Election day because they would be out of the county. Anne Power, the deputy director of the elections board, said the number was too high to be real. “A red flag goes up when you see this kind of thing,” she said. “I think it’s very serious.”84 Board officials compared the signatures of residents who signed absentee ballots and the request for the signatures, finding that many did not match. “One cause for that,” said Power,

“would be that the ballot was not actually cast by the voter.” Several residents also alleged that while their ballots had been signed by themselves, it was ultimately cast by a campaign worker.

Others reported seeing people looking through mailboxes, ostensibly for absentee ballots. 85

Elmwood Place Mayor Lonnie Hubbard was implicated in the investigation after a 65- year old woman who wasn’t a registered voter, and had never voted in her life, was signed up for an absentee ballot by two campaign workers, who later came back for the ballot with Hubbard.

The woman testified Hubbard told her to sign the ballot envelope and that they would “take it from here.” Another resident claimed Hubbard filled out his absentee ballot for him and was instructed to register at an Elmwood Place address even though he didn’t live in the city.

Hubbard accused local Democrats of mudslinging. “It’s just some political crap they’re pulling.

Nothing I’ve done is illegal,” he argued. 86 Even after he was convicted of 34 felony counts of

84 Dan Horn, “Board questions absentee ballots,” The Cincinnati Post (OH), 8A, November 1, 1991. Accessed May 9, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB02F794796827B?p=AWNB 85 Ibid. 86 Dan Horn, “County questions absentee balloting,” The Cincinnati Post (OH), 1A, November 2, 1991. Accessed May 9, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB02F79C074FC03?p=AWNB; Dan Horn, “Elmwood Place voting probed,” The Cincinnati Post (OH), 1A November 1, 1990. Accessed September 16, 2015, "Elmwood Place Voting Probed," The Cincinnati Post (OH), 1A,

34 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 voter fraud, Hubbard maintained his innocence, saying “that’s the way it’s always been done in

Elmwood. It’s a frame job,” he argued. “I did nothing wrong. My political opponents worked for more than a year on this to get me out of office.”87

Even strategies that were technically legal under state elections code resulted in allegations of illicit strategies. One candidate in a 1993 Republican primary in Ohio’s second congressional district, Bob McEwen, distributed absentee ballot request forms resulting in a record number of absentee ballot requests for a Congressional primary. The Hamilton County board of elections said most of the requests—between 75 and 80 percent—came from McEwen’s campaign. His campaign, however, was accused of vote tampering in his bid for the nomination.

After dozens of Hamilton County residents did not receive their absentee ballots in a timely fashion, his opponent, Rob Portman, charged McEwen’s campaign workers were “tampering” with ballot requested by delaying the submission of absentee ballot requests made by known non-McEwen supporters. He called the strategy a “dirty trick,” while McEwen’s campaign maintained it was “smart politics.” Under state law at the time, it was perfectly legal for candidates to solicit and forward absentee ballot requests. 88

November 01, 1991, accessed September 16, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB02F7966A1952D?p=AWNB 87 Patrick Crowley, “Former mayor found guilty of vote tampering,” The Cincinnati Post (OH), 1A, July 30, 1992. Accessed May 12, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB0304FB52CD12D?p=AWNB; Patrick Crowley, “Four indicted for election fraud in Elmwood place- 62-count document names mayor, foe,” The Cincinnati Post (OH), 6A, January 16, 1992. Accessed May 9, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB02FBC541899B8?p=AWNB. 88 “Ballot requests break record,” The Cincinnati Post (OH), 9A, March 3, 1993. Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB030DF6A823E63?p=AWNB; Randy Ludlow, “McEwen’s Vote Tactic Draws Fire,” The Cincinnati Post (OH), 1A, March 6, 1993. Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB030DF6A823E63?p=AWNB

35 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Election officials did express concern that McEwen’s strategy could, even absent malicious intent, slow the submission of applications. “We are concerned about the timeliness of the requests getting to us,” said the Hamilton County elections board of directors. “Some people sent back requests (to McEwen’s groups) asking for ballots by a certain date because they were going to be out of town, and that date had passed by the date we received it.” 89

Ultimately, the 2nd Congressional district primary had almost 10,000 absentee ballots cast early, a record for the district. McEwen’s strategy, however, was not successful. Portman took the majority of the absentee votes and won the nomination. Election officials ultimately did not find glaring irregularities in McEwen’s strategy, but did acknowledge the real possibility of manipulating the system. “Unscrupulous candidates could only send us those requests of people they verified were going to vote for their candidate,” said the director for the Hamilton County

Board of Elections.90

There were, of course, patterns of legally acceptable strategies to mobilize eligible early voters before Ohio adopted no-excuse early voting. As in Wisconsin, committees for school referendums were adept at getting voters to cast absentee ballots during off-cycle elections. In

1990, for example, the Kettering School Board succeeded in passing a 6.7-million-dollar property tax by a wide margin. The school board president credited the victory to one

89 Ibid. 90 Sharon Moloney, “D-Day for hopefuls in 2nd district- Absentee ballots may be decisive,” The Cincinnati Post (OH), 1A, March 16, 1993. Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB030E261B5E90C?p=AWNB; Sharon Moloney, “Portman Wins; Urban Vote Key,” The Cincinnati Post, 1A. March 17, 1993. Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB030E2C9FF66A4?p=AWNB; David Holthaus, “Soliciting absentee voters worries election officials,” The Cincinnati Post (OH), 10A, March 18, 1993. Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB030E3207C95EB?p=AWNB.

36 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 particularly dedicated volunteer who persuaded voters who would be away on Election Day to vote before they left town. The president said the number of absentees in support of the referendum was the highest she’d ever seen, and that absentees usually went against such measures by a high margin. 91

In a campaign for a levy in the King School District in the spring of 1993, campaigners also focused on getting out absentee votes because the election was held during school vacation.

The chairman of the campaign said, “we are going to aggressively pursue registered voters who might not be around in that time period and hope they will send in an absentee ballot.92 After a defeat of a levy proposal in March of 1996 by only 17 votes, the Cloverfield School District focused campaign efforts on urging absentee voting amongst likely supporters in their second attempt to get a 5.9-million-dollar levy passed. It ended up passing by a mere 116 votes, and supporters cited their increased efforts to target absentee voters in the wake of their close March loss as a huge component of their victory.93

Though Republicans had established strategies for targeting voters eligible to vote early dating back to the 1980s, in the early 1990s the party faced increasing Democratic efforts to do the same thing. In the fall of 1990, the Democratic Party developed an innovative absentee ballot

91 James Cumming, “Grassroots support and absentee ballots bring Kettering Schools victory,” Dayton Daily News, (OH), Z2-6, August 29, 1990. Accessed September 15, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0F4FB15669ABD4DB?p=AWNB; Ray Belew, “Woman has hard words for witnesses,” The Columbus Dispatch, (OH), 03B, April 26, 1991. Accessed May 9, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/10E0D7A0A6C22650?p=AWNB. 92 Ginny Hunter, “Kings district cuts expenses, hopes for best,” The Cincinnati Post (OH), 4, June 3, 1993. Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0EB030F79F25CB2C?p=AWNB 93 Stephanie Sheldon, “Cloverleaf feels lucky again: Schools levy passes muster,” The Plains Dealer Page, 1B, August 7, 1996. Accessed May 27, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0F808D1C1BD3E6A2?p=AWNB.

37 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 campaign aimed at older voters. Secretary of State Sherrod Brown said some county election boards reported a 50 percent increase in absentee voting, and suggested the Democrats’ efforts were, in part, responsible for the increase. 94 Another board of elections official in Hamilton

County noticed the Democrats’ change in strategy. “In 1986 and 1988, Democrats’ statewide races lagged an average of 8 points behind Republicans in absentee voting. This year, they lagged only 1 ½ points behind.” 95

Though the state’s early voting law was technically still excuse-based, political actors— particularly Republicans—pushed the boundaries of the law. During the 1992 general elections, the Ohio Republican Party sent a flier to every registered Republican that read, “Can’t get to the polls? VOTE BY MAIL… It’s your right! It’s easy, and Ohio’s future depends on it. Democrats also mailed almost 400,000 absentee ballot applications to bolster individual efforts by their party’s slate of candidates. Unlike Republicans, however, their efforts mainly targeted

Democrats and Independents over 62 years old, still the primary demographic of early voters at the time. “It’s one way where you can target a voting population you know are going to vote,” said the executive director of the Ohio Democratic Party. “If you can lock up that vote before

Election Day, it’s to your advantage.” The executive director of the Ohio Republican party echoed these sentiments. “Those are like votes in the bank,” he argued, noting his party had spent more than $200,000 mailing the absentee ballot applications that year. 96

94 Sandy Theis and Tim Miller, “Voinovich, Celebreeze Defend Charges, Hit Campaign trail,” Dayton Daily News (OH), 1A, November 4, 1990. Accessed September 16, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/0F4FB1F2C2E6BF9A?p=AWNB. 95 Sharon Moloney, “GOP may oust dissidents,” The Cincinnati Post (OH), 5A, November 19, 1990. Accessed September 16, 2015, ttp://infoweb.newsbank.com/resources/doc/nb/news/0EB02EB58A57341F?p=AWNB 96 Lee Leonard, “Political parties urging faithful to vote by mail,” The Columbus Dispatch, Page 04B (October 7, 1992). Accessed September 17, 2015, http://infoweb.newsbank.com/resources/doc/nb/news/10E0D4BE8422AF70?p=AWNB.

38 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 By 1995, campaigns were also more regularly buying address labels of individuals voting early by absentee ballot from the boards of elections. One board supervisor acknowledged that political actors were growing to recognize the value of sending literature to voters known to have an absentee ballot in their hand. “When you have an absentee ballot in front of you, the chances of that person voting are 90 percent. When you’re knocking on a door, that chance is 30 percent.”97 These trends continued into the 1996 primaries, when campaigns across the political spectrum bought lists of absentee voter labels from boards of elections. In Hamilton County, this included both Republican and Democratic party organizations, opponents and supporters of a proposal to increase the sales tax by one half cent, and the Cincinnati Public School system. “It happens all the time,” said one Republican candidate for county commissioner. “It’s standard operating procedure for political campaigns. They are absolutely people who are going to vote.”98

In 1998, party operatives at state and local levels broke records by sending thousands of absentee ballot applications to eligible voters in conjunction with candidates up for election.

However, that year Ohio had the lowest turnout for a major statewide general election in 20 years. This prompted election administrators to make more earnest pushes to make voting more convenient. “Voters have the expectation of convenience in their lives that they didn’t have in

1980,” noted one board of elections director. “We need to look at the voting system. There may

97 Mary Stephens, “Absentee voters should expect a stuffed mailbox- Campaign fliers arrive with ballots,” The Columbus Dispatch, 01B, October 12, 1995. Accessed May 16, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/10E07E3D92088BF0?p=AWNB. 98 Kimball Perry, “Timing of political mailings no fluke,” The Cincinnati Post, Page 9A (February 28, 1996). Accessed May 17, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB0325957CBF5DA?p=AWNB

39 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 be a lady at home with a husband with two jobs and she doesn’t have a car, but she doesn’t have the right to use an absentee ballot.” 99

The Adoption of No-Excuse Early Voting: Failed Attempts, Contentious Adoption

Low turnout in the 1998 mid-term elections was indeed a turning point that pushed election officials and legislators to seriously consider adopting no-excuse early voting. Newly elected Secretary of State J. Kenneth Blackwell first proposed the reform to the legislature in early 1999. At the time Ohio, had one of the most restrictive voting laws in the country.100 He gained sponsorship for legislation in the Senate from Eugene Watts, a Republican, and Vernon

Sykes, a Democrat. 101 “We are a government that governs by consent of the people,” argued

Blackwell’s office. “By broadening ballot access, we increase that consent and enhance our democracy.” 102 Blackwell’s office pointed to research they had done showing that voters preferred “no-excuse” early voting, and that states with the law also enjoyed higher turnout.

Their research also suggested that there was limited evidence of voter fraud in other states with

99 Jonathan Riskind and Catherine Candisky, “2 parties pushing to get out voters,” The Columbus Dispatch (OH), 01D, November 1, 1998. Accessed June 13, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/10DE4311F109E8C8?p=AWNB; 100 Mary Beth Lane and T.C. Brown, “Turnout at polls in steady decline. More Ohioans are being registered, but fewer vote.” The Plains Dealer (Cleveland, OH), 1B, November 9, 1998. Accessed June 13, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0F80D0C66B03862A?p=AWNB; “Making a vote count,” The Cincinnati Post (OH), 18A, February 17, 1999. Accessed June 13, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB03EA2827521CF?p=AWNB. 101 Eugene Watts, “Senate Floor speech on behalf of Senate Bill 196.” Ohio History Connection. 102 Cheryl M. Harris, “Officials Urge Expanded Absentee Ballots- The no-fault system would allow residents to vote away from the polls for any reason.” Dayton Daily News (OH), 6B, September 2, 1999.

40 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 the reform. 103 Blackwell’s legislation passed the state Senate unanimously in early April 2000, but faced significant opposition upon arrival to the state House. Noted one Republican representative, “I do have some reservations about totally open vote by mail. I am just concerned about the confidentiality and security of the ballot.” 104

Members from both parties also openly speculated about who might be advantaged by expanded early voting opportunities. Republicans thought labor unions might exploit the law by inviting citizens to “voting parties” at local union halls, and Democrats were concerned that business leaders would do the same thing with their employees. Paula Ross, chairman of the

Lucas County Democratic Party, said her party used the absentee ballot as an “experiment in vote by mail” and only targeted one demographic group: senior citizens. “I think this is one of those situations where you have to look out for unintended consequences. I think if there is something we can do without endangering the integrity of the system, I am all for it. But I think we have to move slowly to protect the integrity. 105 By the fall of 2000, many openly opposed the legislation, citing Ohio’s past with irregularities and illegalities under their excuse based absentee voting system. “I think the potential of it being used significantly by interest groups exists. I think one of the most sacred kinds of things is to protect the voting system,” argued

Republican House Speaker Jo Ann Davidson. 106

103 Dan Kennedy, “Testimony in support of Senate Bill 196,” Ohio Senate State and Local Governance and Veterans Affairs Committee Hearing, March 29, 2000. Ohio History Connection. 104 Fritz Wenzel, “Vote-by-mail: Cure for Cost, Turnout Woes? Process used by state of Oregon being considered for Ohio.” The Blade, Page A1 (April 30, 2000). Accessed June 14, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EAF38EDAE886819?p=AWNB. 105 Ibid. 106 John McCarthy, “High-Ranking GOP leaders at odds over absentee-vote proposal,” The Plains Dealer (Cleveland, OH), Page 5B, October 10, 2000. Accessed June 15, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0F80DBF2DDDFE32F?p=AWNB.

41 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Though the legislature didn’t end up adopting no-excuse early voting in 2000, they did reduce the cut-off age for those eligible to cast absentee ballots from 65 to 62, a revision to which Democrats and Republicans almost immediately responded. They aggressively targeted voters 62 years and older in the fall of 2000, continuing their practice of getting address labels for absentee voters from election boards and hounding them once ballots were received to make sure their vote counted. 107 This translated into full-fledged battles for early voters in the final weeks of the Ohio presidential race, which was waged far more at the grassroots level and less over the airwaves than in previous years. The Ohio Republican Party sent an unprecedented

980,000 absentee ballot applications to Republicans and independents, delivering GOP slate cards to 1.2 million households. 108

Though Ohio largely escaped scrutiny during the heated period following the 2000 presidential election, Secretary of State Kenneth Blackwell saw the controversy in Florida as a justification to held a two-day elections-summit to improve Ohio’s election laws and avoid

“Florida-like scenarios in the future. 109 He again floated the idea of allowing any voter to cast ballots early, and in 2001 Ohio lawmakers again took up the idea in the legislature. One proposal by Democratic representative Ron Rhine suggested both that voters be allowed to vote early “no- excuse,” and that state employees be given Election Day off and polling hours expanded. “The

107 Sharon Moloney, “New rules let more vote absentee,” The Cincinnati Post (OH), 8A, October 16, 2000. Accessed June 15, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/0EB18EA1E65E62DA?p=AWNB 108 Jonathan Riskind and Joe Hallet, “Gore’s Ohio backers not giving up the fight.” The Columbus Dispatch, 01A, October 22, 2000. Accessed June 16, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/10DCF29C301D3708?p=AWNB 109 Fritz Wenzel, “Ohio election officials to back reform laws. State’s system needs improvement but is deemed better than Florida’s,” The Blade (Toledo, OH), A6, February 1, 2001. Accessed January 9, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/0EAF39C44C7291D1?p=AWNB.

42 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 trend of dismal voter turnout needs to stop,” argued Rhine. “By making Election Day a holiday, voters won’t have to choose between work and voting.” 110

The debate over the reform carried over into 2002, when Secretary of State Blackwell again failed to convince the legislature to pass the reform. 111 At the same time, however, party operatives persisted in targeting eligible early voters. In one county, volunteers for every candidate could be seen lined up outside the board of elections every day to buy mailing labels with the names of voters requesting absentee ballots. They’d rush back to their campaign headquarters, put the label on literature, and get it to the post office by 7PM so the brochure would appear in voters’ mailboxes along with the ballot. This assured candidates “basically get to be there in the voting booth with the voters,” according to one campaign worker. Blackwell’s office said that the strategy “gave the advantage to the party that’s most organized, that works the hardest, and is the most intelligent.” 112

That election year, the Republican party mailed 1 million absentee ballot applications to voters, and for the first time every ballot application preprinted the address of the voter’s local board of elections so that all voters had to do was fill out their personal information and drop the card in the mail. The spokesman for the Ohio Republican Party said, “It’s always worth our investments to motivate Republican voters to go to the polls.” The Ohio Democratic Party,

110 Nate Ellis, “Rhine hopeful that national call for Election Day holiday will jump-start state proposal,” The Daily Reporter (Columbus, OH), August 2, 2001. Accessed January 17, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/141426DBA4E0FAA0?p=AWNB. 111 Fritz Wenzel, “The mysteries of electoral politics,” The Blade (Toledo, OH), A7, September 2, 2002. Accessed January 18, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/0F5D67CF2E5E607B?p=AWNB. 112 Mary Mogan Edwards, “Parties court absentee voters- Campaigns rush to get literature to mailboxes right when ballots arrive,” The Columbus Dispatch (OH), 01A, November 5, 2002. Accessed January 18, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10DC863BF58F26B0?p=AWNB

43 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 however, lagged behind Republicans. They sent out about 20% more absentee ballots than they had in 2000, but this was still only half of what the GOP was able to mail out. And while the

GOP expanded their strategies to reach other voters potentially eligible to vote absentee,

Democrats continued to target voters over the age of 62, as well as anyone who voted by absentee in the previous election. 113

Following the 2002 elections, election representatives from both parties called for the legislature to ease restrictions on early voting. “Ohio’s way behind other states,” said Ohio

Democratic Party Chairman Denny White. “We need to make it as easy as possible for people to vote.” John Pritchard, political director of the Franklin County Republican party, agreed, noting the strategic advantages afforded by voters casting absentee ballots. “Absentee voters are a key part of our strategy. You can’t target any better than with an absentee voter. They’ve taken the trouble to fill out an application and request a ballot. They’re going to vote.”114

It wasn’t until 2004, however, that the legislature was pushed to make meaningful efforts to expand early voting to all voters. During the presidential election that year, Ohio was thrust into the national spotlight over inconsistencies in its election administration and long lines on

Election Day. Republicans and Democrats accused one another of illicit and illegal attempts to sway election outcomes. Democrats said Republicans were trying to suppress votes, and

Republicans accused Democrats of trying to “steal” the election with widespread voter- registration fraud perpetrated by groups supporting Democrats. 115

113 Joanne Huist, “Deadline nears for absentee ballots- Some counties get more requests, others fewer,” The Dayton Daily News (OH), B3, October 23, 2002. Accessed January 18, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/0F6DE8A9D97E772D?p=AWNB. 114 Mary Mogan Edwards, “Parties court absentee voters.” 115 Mark Niquette, “Both parties worried about tricks at polls- County election boards preparing for observers and challenges on November 2,” The Columbus Dispatch (OH), 01B, October 19,

44 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 The ground operations for Democratic Presidential candidate Kerry, and even more so for

Republican President George W. Bush, were unlike any that had been seen in presidential elections. Republicans made 1.9 million phone calls and knocked on 315,000 doors, while

Democrats had over 100,00 volunteers with an average of 20,000 working every week.

Volunteers used computers, voting records, and state of the art telemarking systems to deliver targeted messages to specific households. “This,” said the Cuyahoga County Republican

Chairman, “is how politics is supposed to be done—on the ground.” 116

Both the Bush and Kerry campaigns built on the state’s well-established tradition of mobilizing voters eligible to vote early. Democrats focused their efforts primarily on blacks and

Latinos, while Republicans targeted married women with children to bridge Bush’s gender gap.

“This is really a back-to-basics campaign,” said a Republican operative. “It’s a vote we don’t have to worry about for 64 days. It’s one small part of what we are doing to motivate the base.

Not doing it would be like running a statewide campaign and not buying television.” 117 As they had done in Wisconsin in 2004, Bush’s campaign sent voters a recorded message reminding them about early voting, and the state Republican party sent out absentee ballot applications to voters. Democrats operated on a lower key level, seeking absentee votes through the state’s

2004. Accessed January 31, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10DADEDB487C60E8?p=AWNB 116 Jack Torry, “One last knock and a plea: volunteers scratch for votes,” The Columbus Dispatch (OH), 01A, October 31, 2004. Accessed February 1, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10DADEEF825D02D0?p=AWNB. 117 Alan Johnson, “Voters get pitch from Bush to cast their ballot absentee- Phone message part of Republican effort to lock up support early for president,” The Columbus Dispatch (OH), 04C, September 1, 2004. Accessed January 23, 2007, http://infoweb.newsbank.com/resources/doc/nb/news/10DADE8E2CBA0AF0?p=AWNB.

45 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Democratic Coordinated Campaign, which aligned its efforts on behalf of presidential candidates, state, and local campaigns. 118

Republicans outpaced Democrats with early voters in 2004. The GOP sent out more than

3.5 million absentee ballot applications to likely Republican and independent voters. “We’ve found it to be incredibly successful in the past,” said their spokesman. “We want every

Republican out there to know there are options to consider if for some reason they are unable to vote in person.” Ohio Democrats, lacking funding and infrastructure, continued to focus their efforts primarily on voters over the age of 62. Party spokesman Dan Trevas said they had

“limited resources” and had to be “careful with their strategy.” 119

Though lawsuits and challenges to elections were nothing new in Ohio, they took on a new tone during the 2004 presidential elections that would only grow after the state adopted no- excuse early voting. One newspaper wrote, “A new political strategy has emerged in this photo- finish presidential race: file a flurry of lawsuits before the first votes are even tallied.” The director of the Voting Rights Project for the American Civil Liberties Union said “I have never seen this level of concern about an election.” An executive director of a non-profit organization working with polling administrators across the country argued the development was “disastrous for fundamental faith in the system itself.”120

118 Jim Bebbington, “Parties push absentee ballots option- Elections board says requests reported up,” Dayton Daily News (OH), B1, September 8, 2004. Accessed January 23, 2007, http://infoweb.newsbank.com/resources/doc/nb/news/10520F152D5816E9?p=AWNB; Torry, “One last knock and a plea.” 119 Scott Hiassen, “Absentee voting soars as parties strain for an edge,” The Plain Dealer (Cleveland, OH), B1, October 4, 2004. Accessed January 23, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/105887BCD960FEAA?p=AWNB. 120 Jo Becker and Thomas B. Edsall, “Both campaigns warn of vote fraud, but experts aren’t worried,” The Repository (Canton, OH), October 21, 2004. Accessed January 31, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1248BCAE7148A748?p=AWNB.

46 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Early voting was put under the legal spotlight on Election Day when, in a shocking ruling, a federal judge in Toledo ruled Ohio voters that didn’t receive absentee ballots because of postal service mistakes should have been given provisional ballots. The ruling came a mere 4.5 hours before the polls closed, not nearly enough time to get all voters who didn’t get their absentee ballot in time. It was driven by a directive from Secretary of State Blackwell mandating that election boards not provide provisional ballots to absentee voters, “so as to avoid facilitating potentially fraudulent acts by creating a situation where someone might vote twice.”121

The Adoption of No-Excuse Early Voting: “Failed” Reform, Change as Compromise

Though Ohio ultimately did not become the next “Florida,” the 2004 elections raised serious concerns about shortcomings of Ohio’s elections system. One of the most pressing issues faced by Ohio election officials was how to deal with the extraordinarily long lines facing voters on Election Day. Again, election administrators and legislators proposed a good remedy would be to offer the option of no-excuses early voting for residents.122 This time, the proposal stuck, though not after almost a year of debate in the legislature that included a failed election reform package, an amendment referendum proposing the change be enacted into the state constitution and ultimately, an elections bill jammed through at the last minute by Republican legislators.

Initially, proposals for the reform were on track for another failure. Democratic proposals faced opposition from Republicans for not being tough enough on fraud. As a compromise,

Republicans proposed a no-excuse early voting provision requiring voters to provide a driver’s

121 Luke Schockman, “Court remedies ballot snafu, but probably too late,” The Blade (Toledo, OH), A9, November 3, 2004. Accessed February 2, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10672964175EDA05?p=AWNB. 122 Julie Carr Smyth and Sandy Theis, “Campaign begins for an easier election. Reforms already on legislative agenda,” The Plain Dealer (Cleveland, OH), B1, November 10, 2004. Accessed February 2, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1064BCA5D6F76E8E?p=AWNB

47 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 license number or other personal details allowing election workers to more easily verify their eligibility. In the spring of 2005, the Republican backed version of the bill passed the Ohio

House of Representatives on a party line vote after Democrats insisted the package didn’t go far enough. But it reached a roadblock in the Senate when Republican committee members removed the provision for no-excuse early voting, and added a stipulation that voters needed to provide identification when voting in-person. Republican Senator Kevin Coughlin, the primary opponent of no-excuse early voting, argued elections were designed to occur on a single day. Having too many people vote early may artificially impact an election, he argued. “The person who is up two weeks before the election is not always the person who wins.” 123

Disagreements over no-excuse early voting ultimately led to the demise of the reform package in the summer of 2005. But debate didn’t end there. After the proposal’s failure in the state Senate, a coalition of labor and liberal activists called “Reform Ohio Now” (RON) petitioned to put three constitutional amendments on the fall ballot, one of which enshrined no- excuse early voting in the state’s constitution. Other proposals sought to give the drawing of

Ohio’s state and federal electoral to an independent, five-person board, and reform Ohio’s campaign finance laws. 124

123 Jim Siegel, “Ohio senators delay action on changes to elections law,” The Columbus Dispatch (OH), 11C, June 16, 2005, “Ohio senators delay action on changes to elections law,” The Columbus Dispatch (OH), 11C, June 16, 2005. Accessed August 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10AEC9AF49AE845E?p=WORLDNEWS ; Jim Siegel, “Voters soon may have to show ID- Senate panel also proposes to tinker with absentee ballots,” The Columbus Dispatch (OH), 01C, June 15, 2005. accessed August 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10AEC9AE707497BE?p=WORLDNEWS. 124 Paul E. Kostyu, “Ohio voters may decide on changes for elections,” The Repository (Canton, OH), July 22, 2005. Accessed February 03, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1248C3BA2CAAE408?p=AWNB.

48 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Shortly thereafter, a religiously affiliated group called Ohio First! filed lawsuits challenging placement of the issues on the fall ballot. First, they filed a lawsuit with the Ohio

Supreme Court challenging the legality of the petitions, claiming they should have included the official language of the amendments, rather than simply summaries.125 When these efforts failed,

Ohio First! instead sought to invalidate the amendment proposals by criticizing the individuals used to gather signatures. They argued that because many of the volunteers gathering signatures were not Ohio residents, the signatures themselves were invalid. They filed a lawsuit against

Secretary of State Blackwell, who had instructed county boards of elections to count the petitions circulated by non-residents. Blackwell’s justification for allowing the signatures to count was that the Ohio Constitution, not state, law, governed the process for placing a constitutional amendment on the ballot. 126 The challenge ultimately ended up being thrown out by the 10th

District Court of Appeals. Ohio First! decided to drop the court fight and instead convince voters to reject the proposals. The decision gave RON the certification of petitions needed to put the amendments before the voters in November. 127

The campaign director for RON maintained there should be few arguments against the no-excuse early voting amendment in particular. “We look at this as a no brainer in terms of

125 Rick Adamczak, “Finan at help of group opposing ‘Reform Ohio Now,’” The Daily Reporter (Columbus, OH), August 5, 2005. Accessed February 3, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/14142627E3991538?p=AWNB. 126 Jim Provance, “Petro sides with election reform opponents. State’s top lawyer says gatherers of signatures for ballot petition ought to be Ohio residents,” The Blade (Toledo, OH), A5, August 25, 2005. Accessed February 6, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10C44A276E5C7438?p=AWNB. 127 Jim Provance, “Election-reform challenge denied- Issue of signature collectors unresolved,” The Blade (Toledo, OH), A3, September 10, 2005. Accessed February 6, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10CB45BE33C40F58?p=AWNB; Mark Niquette, “GOP’s ballot challenge rejected a second time,” The Columbus Dispatch (OH), 01B, September 10, 2005. accessed February 06, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10C8C1CFDE5DC208?p=AWNB.

49 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 increasing voter participation,” he argued. “Long lines in 2000 and 2004 made more people interested in having no-fault [early] ballots… I don’t know that it will make all that much difference to the way campaigns operate, except candidates will take advantage of the fact they can send literature to people they know are going to vote.” A spokesman for Ohio First! adamantly disagreed. “Anything you do to make it easier to vote is a good thing, but it’s bad thing if it works to undermine the integrity of the vote.” He argued that voters would be subject to manipulation under the reform. “Issues 2 has the potential to fill elections with referendum petition kind of sloppiness, where you have Lord knows who transporting requests for Lord knows who, and Lord knows who marking them.”128

Republicans in the state legislature were uniformly opposed to the proposal to enact no- excuse early voting into the state’s constitution. They did not want the proposal enacted into the state constitution, as it would make it difficult to change the law without going back in front of the voters. RON’s justification for the amendment was precisely the same. They wanted to make it difficult for the legislature to change the law once it was enacted. 129

To circumvent its passage, Republicans jammed a bill through the state legislature allowing for the reform, but with additional provisions not in the proposed amendment. They included an anti-fraud provision requiring early voters provide some form of identification. The legislation was met with fierce opposition from amendment supporters. “It’s the height of arrogance,” said RON’s campaign manager. “Ohio voters will see this for what it is. Legislators

128 Michael L. Maurer, “Issue 2 would allow early vote by may or in person,” Akron Beacon Journal, A1, October 3, 2005. Accessed February 6, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10D09460CB64EA78?p=AWNB. 129 Dennis J. Willard and Doug Oplinger, “Issues ignite partisan ad plans- GOP ramps up battle on Ohio election reform,” Akron Beacon Journal, A1, October 8, 2005. Accessed August 14, 2014, August 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10D2E3174CFAF3C8?p=WORLDNEWS

50 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 have to come in at the last minute to save their hides. They’re running for cover.” Democratic

Senate Minority Leader C.J. Prentiss accused Republicans of “trying to confuse voters” and

“undermine election reform in Ohio” after the Republican Senate Majority leader provided less than two working days to debate the bill. 130

Senate President Bill Harris shot back, maintaining he strongly supported “giving Ohio voters more flexibility that will encourage increased participation in our election system and promote shorter lines at the polls.” “But,” he argued, “we have a responsibility to take precautions that will ensure the flexibility is not abused and that our elections are not compromised.” 131 Secretary of State Blackwell, after years of trying to get the provision through the state legislature, nevertheless opposed the constitutional amendment on the same grounds.

“To insert this provision into the state constitution is not a good idea. It has inherent flaws,” he argued. 132 He supported Republicans’ legislation, arguing it was time for the law to change.

“You can make the argument,” he said, “that political parties currently consider Ohio’s absentee law to be no-fault in terms of aggressive use of absentee ballots in last year’s elections.” 133

Democrats were left in a difficult position. They supported the spirit of the legislation.

But they argued the bill unfairly—and potentially unlawfully—burdened voters by requiring identification. Democratic Senator Kimberly Zurz said she felt the legislation was making people

130 Alan Johnson, “GOP tries to clip ballot issue- Legislature to rush along absentee-voting change,” The Columbus Dispatch, 01D, October 8, 2005. accessed February 06, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10D25123F51F9FE8?p=AWNB. 131 William Hershey, “Absentee voting bill likely to get OK- Proposal would ease requirements for absentee voters,” Dayton Daily News (OH), B1, October 8, 2005. accessed August 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10D30CA99C7BFA18?p=WORLDNEWS 132 Jim Provance, “Support shifts on absentee vote reform,” The Blade (Toledo, OH), B1, October 9, 2005. Accessed February 6, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10D3832F74B5F520?p=AWNB. 133 Ibid.

51 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 go through extra steps that weren’t necessary. “We are pleased,” they noted in statements for the

State House and Senate Journals, “that the Ohio House of Representatives has finally adopted a measure to allow no-fault, no-excuse absentee voting. We simply protest the undue burdens on voting and the process.”134

The bill passed the Senate in mid-October in a highly contentious chamber. All

Democrats opposed the bill. At one point during debate, minority leader C.J. Prentiss put masking tape over her mouth to symbolize what she argued was the silencing of debate on the issue and the voices of the voters. “We all know the reason for the timing,” she argued after the vote. “It’s to somehow persuade voters that the matter has been taken care of and dissuade them from enacting a constitutional amendment on the subject. There is a risk that what the legislature giveth, the legislature could taketh away.” 135

The legislation passed the Senate entirely on party lines, and only one Democrat joined

Republicans in supporting the bill in the House. Governor Bob Taft signed the legislation just days before the vote on the constitutional amendments took place. By that time, donors and interest groups from around the country poured resources into Ohio to contribute to the election.

RON reported several thousand dollar contributions from the People for the American Way, the

Defenders of Wildlife Action fund, and the Sierra Club. State unions also donated to the organization. Even Kerry supporters, still irate about their loss in 2004, sent money from other

134 Carrie Spencer Ghose, “Senate to vote on Absentee bill- Plan would end need to list reason,” The Cincinnati Post (OH), A14, October 13, 2005. Accessed February 6, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10D3F27637A58390?p=AWNB; Ohio Senate Journal, October 18, 2005, 1638; Ohio House of Representatives Journal, Wednesday, October 19th, 2005, 1754. House Journal 10.18.2005.pdf 135 William Hershey, “Senate says OK to bill easing absentee voting- ID, but no reason, required for seeking mail-in ballot.” Dayton Daily News (OH), B2, October 19, 2005. Accessed August 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10D5BF5CB5BCA720?p=WORLDNEWS

52 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 states. A spokesman for Ohio First said he was surprised to see so many out of state donations.

“The point is they’re not from Ohio,” he argued. They’re people who think somehow Ohioans don’t have it right, and Ohioans don’t share that opinion.” Ohio First!, for its part, was supported largely by corporate entities within Ohio, including Cincinnati Reds owner Carl H. Linder, the

CEO of Worthington Industries, and Timken Co., Firstenergy Corp., Cinergy Corp. and the Ohio

Association of Realtors. 136

In the end, Ohioans resoundingly rejected the constitutional amendments. “None of us are happy with these results, but actually we really feel we have accomplished something,” said one of Reform Ohio Now’s advisors, pointing to the passage of no-excuse early voting in the legislature as cause for celebration even though it wasn’t on their terms. Republican House

Speaker Jon Husted wholly disagreed, arguing, “voters are the ones who sent the message, and what the voters said is that they will not have their constitution hijacked by a bunch of out-of- state special interests.” 137

136 Mark Niquette and Jim Siegal, “4.4 million raised in fight over Issues 2-5—Reform Ohio Now, Ohio First still taking money from donors,” The Columbus Dispatch (OH), 10B, October 28, 2005. Accessed February 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10D89A10DAA96C98?p=AWNB; Carrie Spencer Ghose, “Kerry backers target elections,” The Cincinnati Post (OH), A1, October 31, 2005. Accessed February 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/10DBDF132455B648?p=WORLDNEWS. 137 William Hershey, “Election changes rejected; Issue 1 passes- Election reform. Four proposals suffer resounding defeat at polls,” Dayton Daily News (OH), A1, November 9, 2005. Accessed August 14, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/10DCA684EDACF670?p=WORLDNEWS .

53 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 The (Continued) Development of Enduring Campaign Strategies: Building on Established

Practices

The high profile nature of the reform debate, which was covered for almost a year in

Ohio news outlets, also raised the salience of the reform for voters, contributing to an uptick in early voters in the 2006 spring primaries. And because there was already a strongly established tradition of courting early voters under its excuse based system, campaign adaptation to the “no- excuse” version of early voting in Ohio involved less innovation, and more building upon strategies that had been used for years. Nevertheless, there was a noticeable rise in campaign efforts to mobilize early voters amidst other adjustments to campaign spending and advertising strategies in the first general election following reform adoption. Despite long-standing traditions of mobilizing early voters under the state’s excuse-based system, within a year of reform adoption political observers commented on how the reform would transform Ohio elections. “For many Ohioans,” one newspaper noted during the 2006 general elections, “the election is already over, and political campaigns are forever changed.” “There’s no question it changes the nature of campaigns,” said John Green, the director of the University of Akron’s Institute of Politics. 138

Over the coming years developments in early voting strategies happened more or less conterminously with legal challenges to the reform as political actors in both parties sought to make sense of how the reform may affect their prospects for success—and determine the best path for leveraging it to their advantage.

138 Mark Niquette, “Blackwell, Petro buying costly chunks of TV time,” The Columbus Dispatch, 03C, March 28, 2006. Accessed August 15, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/110A5D2E2A52A3F8?p=WORLDNEWS; Mark Niquette, “Primary voting begins Tuesday- Relaxed absentee ballot rules will be put to test,” The Columbus Dispatch (OH), 01C, March 27, 2006. Accessed August 15, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/110A080D75C361C8?p=WORLDNEWS.

54 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 During the 2006 Spring primaries, the Republican consultant working on the state

Attorney General and Secretary of State bids noted the new law required them to have a more sustained advertising campaign. A Democratic consultant also suggested the law would also affect the tone of campaigns. With less time before voters began casting ballots, he predicted candidates would waste no time getting nasty, leading to more prolonged periods of negative advertising. 139 Indeed, the primaries that year featured unprecedented levels of television advertising by candidates. Republican candidates for governor spent more than 1 million dollars on television commercials, airing them far earlier than usual, and Democrats followed suit. “It’s probably the most that’s ever been spent in a gubernatorial primary,” observed a Columbus political consultant.140

In the fall of 2006, Democrats launched a massive effort to secure early voters in their bid to take control of the state government in light of the diminishing popularity of Republican

President George W. Bush.141 Democratic gubernatorial candidate Ted Strickland built on early voting strategies used during the spring primary season. “It’s a big part of our campaign in coordination with the Ohio Democratic Party,” said a spokesman for Strickland, “It would be a big mistake for any campaign to rely on the old days, when a last minute advertising blitz was run right before the election.”142 Enjoying solid leads in many statewide races, Democratic party

139 Thomas Ott, “Did you vote yet? Thousands already have,” The Plain Dealer (OH), A1, October 19, 2006. Accessed August 15, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/114E1344EFA68C20?p=WORLDNEWS. 140 Mark Niquette, “Blackwell, Petro buying costly chunks of TV time.” 141 Joe Hallett, “In campaigns, seeing the candidate sweat is a wonderful thing,” The Columbus Dispatch (OH), 07C, October 15, 2006. Accessed March 6, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/114C9831272D8E68?p=AWNB. 142 Dennis J. Willard, “Voting easier but has hiccups- Absentee ballots mean more campaign ads, calls, canvassers at your door,” Akron Beacon Journal (OH), A1, October 8, 2006. accessed August 15, 2014,

55 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 leaders looked to “bank” pro-Democratic votes early on to capitalize on these leads before they potentially slipped away.143 They brought in 2004 presidential nominee John Kerry to encourage supporters to vote early at rallies. Randy Borntrager, a spokesman for the Ohio Democratic

County, noted how widespread Democratic efforts were. “We have an 88 county strategy,” he said. Though polls forecasted victories for Democrats across Ohio in 2006, the party didn’t want to take anything for granted.144

In efforts to stem surges in Democratic support, the Ohio Republican Party built on early voting strategies from previous elections. They mailed thousands of social conservatives an absentee-ballot application with a brochure that warned, “the radical left will go to all lengths to turn our values upside down. The gay agenda is on the move. The blame-America crowd is angry, finding fault with our nation and questioning the motives of our leaders.” 145 U.S. House majority leader John Boehner also sent letters to voters asking them to use their absentee ballots to send him back to Congress and help maintain Republican control in the Ohio state legislature.146

It wasn’t only high level campaigns that responded to the adoption of no-excuse early voting in 2006. School officials built on their long standing practices of courting early voters under Ohio’s excuse based system, expanding their efforts to accommodate the influx of new

http://infoweb.newsbank.com/resources/doc/nb/news/114ADBBCCB9D09A8?p=WORLDNEW S 143 Darrel Rowland, “Strickland strong- Big lead bodes well for rest of Democratic ticket.” The Columbus Dispatch (OH), 01A, September 24, 2006. accessed August 15, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/1145AC9C451C8478?p=WORLDNEWS. 144 Dennis J. Willard, “Voting easier but has hiccups.” 145 Hallett, “In campaigns, seeing the candidates sweat is a wonderful thing.” 146 Candice Brooks, “Candidates target absentee voters,” The Journal News (Hamilton, OH), October 21, 2006. Accessed August 15, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/11572A8ACED1F200?p=WORLDNEWS.

56 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 early voters. A campaign committee for an emergency levy used a door to door, neighbor to neighbor approach headed by neighborhood “captains” that made contact with registered voters in their neighborhood to educate residents about the state’s new no-excuse early voting laws.

“We’ve really stressed absentee voting this time around,” said the levy’s campaign manager Matt

Weller. “Almost 500 absentee ballots have been cast already and we’re assuming they’re yes voters.” The levy supporter’s efforts were ultimately successful, and Weller credited their victory to their effort to court early voters. “We’re very pleased with the yes-voter turnout. Our key was to push the absentee ballot which, when it was added in, bumped up the ‘yes’ vote.”147

The rapidity with which both campaigns seized on Ohio’s no-excuse early voting meant there was also uncertainty as to which party it would advantage. The campaign manager for

Kenneth Blackwell, the Republican gubernatorial candidate in 2006, said he saw it as an opportunity to encourage base voters. “I think it’s a good vehicle to get the party faithful to cast ballots. [But] a change of this nature probably takes several elections before you can determine if it is successful.” “It’s a wild card,” said the campaign manager for the Democrats’ attorney general candidate, “…but I really believe it has the potential to mine hundreds of thousands of votes.” Republicans tried, unsuccessfully, to build on their successful grassroots efforts in 2004, targeting key areas of support throughout the state. “In 2004,” noted Ohio Republican Party spokesman John McClelland, “the president won the election because we got out the vote in all those rural and outlying counties.” In 2006, the party targeted those same voters, leveraging early voting to encourage them to get their ballots in.148 Despite these efforts, they ended up losing

147 Bonnie Butcher, “Levy campaign enters final days,” This Week Community Newspapers (Columbus, OH), 01A, August 6, 2006. Accessed August 15, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/11E43BF7E885A070?p=WORLDNEWS. 148 Willard, “Voting easier but has hiccups”

57 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 control of the Ohio governor’s seat to Ted Strickland and the Secretary of State post to Jennifer

Brunner, the latter of whom was instrumental in changes to early voting in the years to come.

During the 2008 presidential elections, candidates and party operatives built upon the strategies honed in 2006. “Election Day is now 35 days long,” observed one campaign communications director. “It really changes the game.” Though no-excuse early voting had been in place for the 2006 presidential elections, the high-turnout presidential campaign put additional pressure on political operatives to secure votes early. One campaign consultant and professor of political science at Oberlin College observed that for campaigns to be successful, they had to be more organized and well-funded earlier on. “With an early voting opportunity,” she argued,

“they are getting their strong supporters and getting them to vote early. That means they can concentrate later not so much on getting their own base out, but to go after the undecideds and persuadables.”149

As he had done in Wisconsin in 2008, Democratic Candidate Barack Obama hounded early voters during the primary and general elections. He held early voting rallies with popular figures like musician Bruce Springsteen at universities across Ohio.150 The Ohio portion of

Obama’s Website also had a section that said “Vote for Barack today. Why wait until March 4th?

Find your early vote location.” The campaign also put out an ad out for its website that read,

“Have you tried the convenience of early voting?” When people clicked on the ad, a video of

149 Jay Miller, “Officials alter campaign strategies amid absentee changes,” Crain’s Cleveland Business, 0001, October 6, 2008. Accessed April 12, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/123B9A6B99C219D8?p=AWNB. 150 Matt Koesters, “Celebrities rally for Democratic candidate,” The News Record: University of Cincinnati (OH), February 28, 2004. Accessed March 9, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/156BAA77D935BC40?p=AWNB; “Springsteen to perform for Obama in Columbus,” The Daily Sentinel (Pomeroy, OH), A3, October 2, 2008. Accessed April 12, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/12397054F8E0E1F0?p=AWNB.

58 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Obama started playing where he said “In Ohio, you don’t have to wait until March 4 to vote. You can vote early right now. It’s easy, and it’s important. So please, find your early vote location right now.” Supporters could then type their address and get the location of their local county boards of elections where they could cast early ballots.151

In the 2008 primaries, some were quite surprised that Hillary Clinton’s campaign didn’t make more active efforts to court early voters, especially when she had a big lead in the Ohio polls in the weeks before the primary. A political scientist from Mount Union college said that with early voting, “you don’t want to give them the chance to change their minds. By definition, you can’t lose that vote.” A spokesman for the Clinton campaign maintained her efforts were good enough, arguing “whether (our supporters) prefer to vote by mail or vote early, we encourage them to do so. If they prefer to go on Election Day, that’s their option, but we want them to vote, and vote for Hillary.152

The Obama campaign also took advantage of the “golden week” period in Ohio, a time during which Ohio residents could theoretically register to vote and cast absentee ballots at the same time. This week was accidentally created by Republican passage of no-excuse early voting in 2008, but had not previously been used by political campaign. The Obama campaign saw the week as an opportunity to bring new voters into the system and lock up early votes at the same time. “This is one of many ways we’ll be encouraging our supports to skip the lines on Election

Day and make sure their vote is cast early,” said one Obama spokesman. Other groups also

151 Robert Wang, “Candidates to Stark: Don’t wait, vote early,” The Repository (Canton, OH), March 3, 2008. Accessed March 9, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1249CA8DF98795B8?p=AWNB. 152 Ibid.

59 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 planned a lot of activity during that week, particularly organized labor and liberal activist groups looking to build their numbers. There was also increased numbers of television buys.153

In the election years that followed, campaigns continued to develop and hone their strategies around opportunities to mobilize early voters. But Obama’s use of Ohio’s “golden” week” was followed by an uproar from Republicans, who argued the period of same-day registration and voting was against the intent of the law. Though there had been some legal challenges to early voting in Ohio previously, the 2008 controversy over “golden week” voting set off a spate of legal challenges that dominated Ohio elections for years to come.

Legal Implications: Lawsuits as Election Strategies

The development of legal challenges to no-excuse early voting was a product of the precedents set for challenging elections when the law was still excuse-based, and specific provisions in reform. The voter identification requirement in the 2005 legislation wreaked havoc on the elections process during the 2006 mid-term elections. In October that year, labor and poverty groups sued to block the state’s newly minted identification law. They argued inconsistencies in how the law was applied, specifically pertaining to early voting, violated the equal protection clause of the United States constitution. The lawsuit alleged boards of elections were accepting different requirements for identification in early voting, amounting to unequal application of the law. One county accepted either a voter’s social security number or driver’s license number. Another only accepted driver’s license numbers, while a third accepted no

153 Phillip Elliot. Associated Press: Newark Metro Area (OH), August 14, 2008. Accessed March 15, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/128DEF4C460CD400?p=AWNB

60 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 identification waiting for legal guidance. Two other county boards of elections admitted confusion over the requirements.154

The lawsuit instigated a series of decisions that left Ohio voters and election administrators in limbo for weeks before the election. In late October, federal Judge Algernon

Marbely issued a temporary restraining order suspending the law as it applied to early voting.155

Attorney General Jim Petro appealed the decision. Marbely initially blocked him from jumping into the pending case, but then the 6th U.S. Circuit Court of Appeals put Marbely’s decision on hold, meaning voters did, for the time being, have to have an ID for casting absentee ballots. The opposing attorney argued the ruling created “even more chaos and confusion for voters and boards of elections across Ohio. Many people who voted without a problem suddenly don’t get to vote anymore; their votes won’t be counted.”156

Election administrators continued to inconsistently apply the law. Voters in one of the state’s largest county, Cuyahoga, were not asked for identification, while voters in several other counties were. “In all honesty,” said one election official, “the joke is—but it’s still the truth— we’re telling everyone to fill everything out and we’ll decide what to do later.” “I’m very frustrated,” said Johnda Perkins, elections director for Pickaway County. “We thought everything was as clear as it could be. When the courts get involved, it leaves us hanging.” The

154 Julie Carr Smyth, “Group files new charges in bid to block Ohio’s new voter ID requirements,” Associated Press: Lancaster Metro Area (OH), October 24, 2006. Accessed March 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/128DEE13279262E8?p=AWNB. 155 Kevin Mayhoo, “Judge suspends voter-ID directive- Many absentee voters provide wrong numbers,” The Columbus Dispatch (OH), 01A, October 27, 2006. Accessed March 07, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/11508DFD1C112A58?p=AWNB. 156 “Appeals court says Ohio absentee voters must continue showing proof of ID,” Associated Press: Cincinnati Metro Area (OH), October 30, 2006. Accessed August 18, 2016, http://infoweb.newsbank.com/resources/doc/nb/news/128C99390BD03350?p=WORLDNEWS.

61 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Franklin County elections director said asking for ID was the only way to ensure voters’ ballots wouldn’t be “held hostage” by future rulings. Some voters became so confused and frustrated over the changes they stuffed their entire wallets into absentee ballot envelopes in protest. Others dropped in their driver’s licenses, hoping boards of elections would return them once the election was over. 157

Ultimately, a settlement was reached on the issue by both parties, wherein it was agreed that voters would not have to provide identification to vote early by absentee ballot, but still had to provide it for voting in person. But 2006 was only the start of the controversy over Ohio’s early voting laws. Following the elections, newly elected Democratic Secretary of State Jennifer

Brunner’s made recommendations for improving Ohio’s early voting system—which included allowing for in-person early voting, and mail-only voting for issue elections—only to be met with resistance from Republicans.158 And directives she issued in the months before the 2008 presidential elections continued the storm of partisan bickering over early voting, throwing the state headlong into an election season riddled with court cases.

Challenges began in the summer of 2008, when Republican legislative leaders accused

Brunner of defying a new state law requiring all voters be mailed absentee-ballot applications.

Brunner had issued a directive instead giving counties the option of mailing the applications if

157 Robert Vitale and Mark Niquette,”Flip-flop in rules flusters officials,” The Columbus Dispatch (OH), 01A, October 31, 2006. Accessed August 18, 2014, http://infoweb.newsbank.com/resources/doc/nb/news/1151E21CC804A878?p=WORLDNEWS; Mark Rollenhagen and Joan Mazzolini, “ID rulings confused officials and voters. With election a week away, battle rages over new law,” The Plain Dealer (OH), A1, October 31, 2006. Accessed March 7, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/11520BB8A4A9C9B8?p=AWNB. 158 Steve Hoffman, “Vote early but not often by all means, ease absentee balloting- carefully,” Akron Beacon Journal (OH), A14, October 4, 2007. Accessed March 8, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/11C1D6C082ED38C8?p=AWNB.

62 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 they had budgetary constraints. Republicans felt this directive unfairly disadvantaged rural voters living in areas where county boards of elections were less likely to have the financial resources to mail the applications.159

In August 2008, Brunner issued a directive advising county boards of elections to have procedures in place to allow for the aforementioned “golden week” voting period. Republicans immediately challenged her decision. “You have to wonder what they look at, why they consider a loophole with such excitement,” observed Jason Mauk, the Ohio Republican Party’s executive director. “That would suggest manipulating the process, and I think opens the door to suspicion.”

Other Republicans alleged the directive would increase fraud. “The prospect of someone coming in with no ID and registering and voting is contrary to every sort of protection that legislators and lawmakers have built into this system for decades,” said Republican Kevin DeWine. “The processes and the law and the systems in our 88 counties are not equipped to handle same-day registration.” 160

Ironically, the “golden” week period was, in fact, created by Republicans in their hurried attempts to rush through no-excuse early voting in 2005. The legislation permitted for early voting 35 days before an election, whereas the voter registration cutoff date was 30 days before.

When Republicans got wind of the Obama campaign’s plans for the week, they sued to close the golden week period. Daniel Tokaji from the Ohio State University, a frequent critic of Jennifer

Brunner, sided with her on the issue, calling the move by Republicans “blatant voter

159 Jim Siegel and Mark Niquette, “GOP blasts Brunner for disregarding absentee-ballot law,” The Columbus Dispatch (OH), 04B, July 23, 2008. Accessed March 12, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/1221D8CA2BDE1270?p=AWNB. 160 Phillip Elliot, Associated Press: Newark Metro Area (OH), August 14, 2008. Accessed March 15, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/128DEF4C460CD400?p=AWNB.

63 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 suppression.” “This is exactly what the law says and what it allows. If Republicans are trying to close the window, they would be violating the law they wrote.”161

The Republican lawsuit alleged that individuals registering during the golden week should not be allowed to vote early because they were not yet proven to be “qualified electors.”162 Brunner insisted that because absentee ballots weren’t actually tabulated until

Election Day, voters would be proven “qualified electors” by the time the polls closed. She openly accused Republicans of creating confusion for electoral gain. “This pattern of attempting to inject chaos and confusion into the state’s election process has the very real potential to shake voter confidence in our elections,” she argued. “This kind of litigation is a continuation of the formula that was so successful in 2004—create confusion and chaos.” 163

Though Brunner’s golden week directive expanded access to voting, she also issued a directive that limited the participation of Republican voters. At the same time Republicans filed their golden week lawsuit, the Democratic Secretary of State advised county boards to reject applications for absentee ballots mailed by Republican nominee John McCain’s campaign to over 1 million voters if a specific box indicating the applicant was a “qualified elector” was not checked.164

Ultimately, Republicans succeeded in their efforts to get the applications processed, but their efforts to close the “golden week” period of voting failed after the Ohio Supreme Court

161 Alan Johnson, “GOP crying foul over law it passed,” The Columbus Dispatch (OH), 01B, August 15, 2008. Accessed March 15, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/12296D0C712CBAD8?p=AWNB. 162 Jim Provance, “Ohio GOP sues to block early voting- Secretary of State’s decision claimed to be illegal,” The Blade (Toledo, OH), A3, September 13, 2008. Accessed March 15, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/12342E4E7389EC88?p=AWNB. 163 Ibid. 164 Ibid.

64 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 decided on a 4-3 vote that Brunner’s directive was correct.165 Ohio Republicans then filed a lawsuit in federal court, which was blocked, and then appealed without a resolution before the election. In the meantime, Republicans opted to take advantage of the window themselves, providing a special section on the GOP party website that read, “You have a special opportunity to help elect John McCain, Sarah Palin, and Republicans across the ballot. Use this tool to locate your nearest early voting center, where you can register and vote in person.”166

In the elections following 2008, candidates and party organizations continued to develop and implement early voting strategies, while election administrators, state legislators, and party organizations battled over the reform in the state legislature and in the court room. Over time, poorly funded campaigns, especially those for state and local offices, also found it increasingly difficult to navigate the extended voting period while sustaining efforts through Election Day.167

In the aftermath of the 2008 elections, Republicans tried to jam an elections overhaul bill that eliminated the “golden week” of early voting, only to have it vetoed by Democratic

Governor Strickland. Strickland, Brunner, and voting advocacy groups were not wholly opposed to closing the window, but preferred the change not be rushed through the legislature without

165Mark Niquette, “Ballot requests acceptable- Ohio justices agree with GOP that brunner was wrong to reject forms,” The Columbus Dispatch (OH), 01B, October 3, 2008. Accessed April 12, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/12399289B86491B8?p=AWNB. Stephen Majors, “Three courts clear way for early voting in Ohio,” Associated Press: Lancaster Metro Area (OH), September 29, 2008. Accessed April 12, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/128DEE11AA0AB5E8?p=AWNB. 166 Matt Reed, “Ohio GOP encourages voting during special window,” Associated Press: Lancaster Metro Area (OH), September 29, 2008. Accessed April 12, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/128DEE11AA7D9BF8?p=AWNB. 167 Paula Schleis, “Early voting alters campaign strategies- candidates struggle with need to for more volunteers, TV ads to get out their message.” Akron Beacon Journal (OH), October 3, 2010, A1, April 19, 2017. http://infoweb.newsbank.com/resources/doc/nb/news/132ABD0009C7A980?p=AWNB

65 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 more careful consideration.168 In 2011, when Republicans swept back into power in the wake of the 2010 mid-term elections, newly elected Secretary of State Jon Husted sought to prohibit any board of elections from routinely mailing absentee ballots to all voters in advance of elections and limit the number of days allowing for early voting.169 As happened in Wisconsin,

Republicans in Ohio also used their 2010 electoral success to propose stricter photo identification provisions for voters casting ballots early and on Election Day.170

In the election years that followed, restrictions on early voting continued to be at the heart of legal challenges in Ohio elections. Most recently during the 2016 presidential elections,

Ohio’s “golden week” of voting was allowed to stand when the Supreme Court declined to review a circuit court ruling in mid-September. Separate lawsuits brought in 2016 also attacked other changes implemented by Secretary of State Jon Husted and the Ohio General Assembly since 2012, which included a provision excluding inactive voters from the Secretary of State’s mailing of absentee ballot applications to Ohioans and limitations on the number of sites for early in person voting.171

168 Jim Siegel, “Senate trims absentee voting- Democrats object to elections bill; other spats mark lame-duck session,” The Columbus Dispatch (OH), 01B, December 10, 2008. Accessed April 14, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/125001372082A990?p=AWNB. 169 Jim Provance, “Change on Ohio absentee ballots sought: Elections chief aims to scrap routine mailing of applications,” The Blade (Toledo, OH), A1, March 1, 2011. Accessed April 19, 2017, http://infoweb.newsbank.com/resources/doc/nb/news/13778295847908E8?p=AWNB. 170 John Michael, “OSU voting law prof says GOP voter ID bill ‘another great embarrassment for Ohio,” Columbus Examiner (OH), March 22, 2011. Accessed April 19, 2017. http://infoweb.newsbank.com/resources/doc/nb/news/13621407F0F83588?p=AWNB. 171 Sarah Smith, “2016 Election Lawsuit Tracker: The New Election Laws and the Suits Challenging Them.” ProPublica, Accessed April 19, 2017, https://www.propublica.org/article/2016-election-lawsuit-tracker-new-election-laws-suits- challenging-them#39

66 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 Conclusion

Ohio and Wisconsin, two states with extraordinarily different political histories, ended up in similar places following the adoption of no-excuse early voting. Albeit at different tempos, in the wake of reform political campaigns in both states adapted to the reform and developed enduring strategies for courting broader populations of early voters. Lacking an established history of targeting early voters under their excuse based system, these developments were more incremental in Wisconsin, but built on themselves overtime culminating in a burst of interest in early voters in 2008. In Ohio, established traditions of courting early voters under its excuse- based system set the precedent for rapid adaptation following reform adoption, as political actors already had the infrastructure in place to target and mobilize an expanded population of early voters.

What stands out in these cases, however, is that the legal challenges that developed were equally, if not more enduring than innovations in campaign strategies. These developments illustrate the importance of considering the role of time and place when evaluating the consequences of election reforms. Wisconsin, a reform state with a history of clean and fair elections, was thrown into a storm of legal challenges and heightened scrutiny of election administration following the 2000 presidential election, which came only months after the state adopted its own version of no-excuse early voting. Though there were no way legislators in

Wisconsin could have predicted the crisis, the timing of adoption ensnared the state in legal battles over the reform for years to come.

In Ohio, “place,” specifically its historical political traditions, was profoundly important in shaping downstream consequences. A classic political machine state, there was a much stronger tradition of party politics and legal challenges to elections alongside fierce competition

67 Mara Suttmann-Lea, Ph.D. Manuscript Draft- Chapter 5 for votes in presidential election years. For years, party organizations had worked with candidates in the state to developed campaign strategies around voters eligible to vote early under its excuse based system—often in duplicitous ways—which was reflected in the adoption of no-excuse early voting and the developments that followed. In short, while Wisconsin was uniquely impacted by the 2000 presidential elections, characteristics unique to Ohio politics itself played a role in the consequences that followed from no-excuse early voting.

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