Secretary of State Issues Directive on Early Voting/Registration Overlap

On the heels of the AP story about the one-week overlap between the beginning of early voting and the end of voter registration, Secretary of State Jennifer Brunner has issued Directive 2008-63 [.pdf] on the topic of "Processing Voter Registration Applications Received the Week Immediately Preceding a Voter Registration Deadline."

Spokesman Kevin Kidder issued the following statement about the directive, which I understand has been in the works for over a month:

We must be sure that every qualified Ohioan has the chance to register and the choice to vote early or on Election Day.

The overlap between the end of voter registration and the beginning of absentee voting was created by the General Assembly, signed into law by a Republican governor, and has existed for all Ohio voters since the 2006 primary election.

To clarify some people’s concerns, Secretary Brunner has issued a directive that will create consistent, statewide standards for this overlap.

The directive does a number of things. For one, it reaffirms the legal requirement that nobody can receive an absentee ballot until he or she has been registered as a voter by the board of elections. This effectively means that instantaneous registration and absentee voting, the ostensible subject of the AP story, can only occur on the premises of a Board of Elections office.

That's an important point because the news report creates the false impression that campaign workers could go to college campuses and collect registration cards and votes from college students at the same time. This is not the case. Even during the overlap week, the voter registrations have to be delivered to the Board of Elections and processed before an absentee ballot can be issued. However, as is the case right now, voter registration cards and absentee ballot applications can be collected simultaneously and turned over to the Board of Elections. This new directive says that processing of voter registrations received during the overlap week (and during the ten days after the voter registration deadline) must be "expedited," in order to assure that the new voter has sufficient time to take advantage of absentee voting. However, except for voter registrations brought to the Board of Elections by the voter in person, "expedited" doesn't mean instantaneous: the Board of Elections has until October 17th to process the registration (and even longer, if it has doubts about the truth of the statements in the application).

However, the directive does contain this provision for nearly instantaneous registration and voting for people who go to the Board of Elections office during the overlap week in person:

Additionally there are several days before the 2008 general election during which a person may appear at the board of elections office and simultaneously submit for that election applications to register to vote or to update an existing registration and to request an absentee ballot. ... Boards of election are required to develop procedures to immediately register the applicant and issue an absentee ballot to the newly registered [voter] at the time of registration, reserving the right to delay registration and immediate absentee voting if a board is not satisfied as to validity of the application and the applicant's qualifications.

This is where the overlap makes a real difference: in-person registration and early voting at the Board of Elections office.

There is a lot of unfinished business here, since all 88 Boards of Elections are being directed to create procedures relating to immediate registration and voting, and I'm sure questions will be raised about the procedures adopted. However, the directive does institute some basic principles and standards as to the overlap period identified in the AP story.