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Legal news from Saturday, October 23, 2004 |
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Kosovo election largely boycotted by Serbs
Christina Gheen on October 23, 2004 8:15 PM ET

Kosovo's minority Serbian population was all but silent Saturday in the province's first general election since becoming a UN protectorate in 1999. The vast majority of Serbs - up to 99%, according to estimates - boycotted the vote for a Kosovo Assembly in an effort to de-legitimize the Albanian-led movement toward Kosovo's political independence. The mob violence that erupted against some Serbian populations last March confirmed for many Serbs that there was little hope for a genuine multi-ethnic society in Kosovo. Serb leader and parlimentary candidate Oliver Ivanovic urged Serbs to vote, "It is the right of every Serb to vote. There must exist someone who will speak in their name." Most others, however, backed a boycott, which was also supported by political and church leaders in neighboring Serbia. UN Administrator Soren Jessen-Petersen lamented the low Serb turnout, which he ascribed to outside interference and intimidation. BBC News has more. The Organization for Security and Co-operation in Europe has an elaborate website on the Kosovo elections, which are being supervised by the local Central Election Commission. The website of the governing authority, the United Nations Interim Mission in Kosovo, can be found here.


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BREAKING NEWS ~ Appeals court overturns ruling on Ohio provisional ballots
Bernard Hibbitts on October 23, 2004 8:03 PM ET

AP is reporting that the US Sixth Circuit Court of Appeals has ruled that Ohio voters who use provisional ballots must cast those ballots in their own precincts, overruling a contrary lower-court decision that would have counted them so long as they were cast in the correct county, and upholding a policy originally announced by Ohio Secretary of State Kenneth Blackwell, a Republican. As reported by JURIST's Paper Chase in this morning's edition of Election watch, US Department of Justice lawyers had argued before the court yesterday in support of the state position.
UPDATE: AP now has more. Ohio Democrats, who had argued that the Ohio rule was too restrictive and an attempt to suppress the vote, are considering an appeal but have not yet decided to file. The Ohio Voter Protection Coalition offers background on their initial lawsuit against Secretary of State Blackwell. The original Directive at issue, 2004-33, provided for "the casting and counting of provisional ballots only for individuals who have moved from one Ohio precinct to another and seek to cast provisional ballots in the precinct in which they now reside
and can convince the poll worker workers that they are now eligible to vote in the new precinct". An analysis of the successful brief filed by Blackwell with the Sixth Circuit is available here from Edward Foley, Director of the Election Law @ Moritz program at Ohio State University's Moritz College of Law.
UPDATE-2: The Sixth Circuit order is now online here [PDF], courtesy of Professor Rick Hasen's Election Law blog. The appeal court's opinion has not yet been released.
UPDATE-3: Professor Edward Foley, Director of the Election Law @ Moritz project at Moritz College of Law, Ohio State University, offers this analysis of the ruling.


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Election watch ~ Republicans challenge 35,000 voter registrations in Ohio
Tom Henry on October 23, 2004 9:33 AM ET

Republicans in Ohio are aggressively challenging voter registrations in the state in the run-up to the November 2 election. On Friday, they challenged about 35,000 registrations, about 14,000 of them in Cleveland's Cuyahoga County. The Cleveland Plain-Dealer has more. Also in Ohio, Justice Department lawyers told a federal appeals court Friday that state Democrats have no right to challenge the state Attorney General's ruling that registered voters can only vote in their proper precinct. AP has more.... In Hawaii, State Elections head Dwayne Yoshina has ruled that Independent presidential candidate Ralph Nader failed to submit the required 3,711 signatures necessary to put his name on the Hawaii ballot. An attorney for the Nader campaign has already filed an appeal in the state Circuit Court. The Honolulu Star-Bulletin has more. Proceedings in the appeal will begin Monday... The ACLU is claiming that some South Dakotans might be disenfranchised on polling day because county officials in the state wrongly rejected their voter registration applications. AP has more.... Consistent with national trends already reported in JURIST's Paper Chase, some 2000 lawyers in Pennsylvania are expected to be observing at the polls on November 2. AP has more.... Colorado, Florida, and Maryland are also in the legal spotlight this weekend in the countdown to the national vote, now less than 2 weeks away. AP has more on ongoing election-related legal disputes in those states.


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