According to a lawsuit filed by voting rights advocates, this is “contrary to a court decision on provisional ballots a week ago and contrary to statements made by attorneys for Husted at an Oct. 24 court hearing.”
Indeed, it also appears directly contrary to Ohio law. From the lawsuit:
Ohio Rev. Code § 3505.181(B)(6) provides that, once a voter casting a provisional ballot proffers identification, “the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot . . . .”
The law “ensures that any questions regarding a voter’s identification are resolved on the spot or, consistent with due process, the voter is informed that he or she needs to provide additional information to the board of elections. This protects the integrity of the voting process, and provides a reasonable opportunity to resolve deficiencies.”
The last-minute directive changes this and switches the burden to the voter, greatly increasing the chances that legal provisional ballots will be discarded.
The court gave Husted until Monday to respond to the lawsuit and indicated it will resolve the dispute before provisional ballots are counted on November 17.
Rest of the article here