Supreme Court Halts Military Voting Rights Law this Election But Case Continues

Supreme Court Halts Military Voting Rights Law this Election But Case Continues

By: Matthew Clark
Filed in: US Constitution |

Oct. 16, 2012




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The Supreme Court has refused to allow a military voting rights law to go into effect ahead of this year’s elections. The Court refused
to grant an emergency stay to an appeals court ruling that prevented a
series of legislative changes that would have given military personnel
three extra days to vote early, in-person before Election day.

This provides a temporary victory for the Obama campaign, which sued
to prevent these Ohio laws from going into effect, but leaves broader
questions regarding military voting rights unanswered.

While the Supreme Court’s decision refusing to grant an emergency
stay means the laws will not go into effect before this election, the
case itself will continue.

The importance of this case extends far beyond November 6th for the
security of the voting rights of the men and women of our military.
President Obama’s lawsuit argued that providing special consideration
for the unique challenges faced members of the military by ensuring that
they have every opportunity to vote is “entirely arbitrary” and has “no legitimate justification" in the law because doing so “treats similarly situated Ohio voters differently.”

The ACLJ filed an amicus brief
on behalf of over 100,000 concerned Americans with the Sixth Circuit
Court of Appeals earlier this year. We argued that the Constitution
protects the rights of military voters and allows for legislation aimed
at ensuring that their voting rights are protected due to the unique
difficulties they face defending our freedoms, including the right to
vote.

The final decision in this case could set a dangerous precedent
for military voting rights if the courts agree with President Obama
that the military does not deserve special consideration to protect
their right to vote.

Today’s ruling reverts Ohio back to voting laws that allow each of
the 88 counties to set their own hours for early voting in the contested
three days before Election Day. However, Ohio’s Secretary of State, Jon
Husted, ordered that each county establish uniform early voting hours
during that three day period: “8 a.m. to 2 p.m. on Saturday, Nov. 3;
from 1 p.m. to 5 p.m. on Sunday, Nov. 4; and from 8 a.m. to 2 p.m. on
Monday, Nov. 5.”

We will continue to keep you informed as this case progresses. Join
thousands of Americans in urging President Obama to drop this lawsuit
and instead protect military voting rights by signing our petition
today.