Some of the Back and Forth on Obama/the Democrats' Lawsuit and Early Voting for Military Service Members in Ohio

MEMO from Romney for President

MEMORANDUM
 
From:              Katie Biber, General Counsel
To:                  Interested Parties
Date:               8/5/2012
Re:                  Obama For America Ohio Lawsuit
 
To View This Memo Online, Click Here: http://mi.tt/RGYRq0
 
On July 17, 2012, Obama for America and the Democratic National Committee filed suit against the Attorney General and Secretary of State of Ohio.  In their lawsuit, the Obama campaign and the DNC argue it is “arbitrary” and unconstitutional to provide three extra days of early, in-person voting to military voters and their families.  At least 20 times in their legal papers, they argue that there is no good reason to give special flexibility to military voters – and that this policy adopted by the Ohio legislature is so wrong it is unconstitutional.
 
We disagree with the basic premise that it is “arbitrary” and unconstitutional to give three extra days of in-person early voting to military voters and their families, and believe it is a dangerous and offensive argument for President Obama and the DNC to make.  It is not only constitutional, but commendable that the Ohio legislature granted military voters and their families this accommodation.  It is despicable for the Obama campaign to challenge Ohio’s lawful decision.
 
But this lawsuit is not about us.  Last week, respected military groups intervened in the Obama campaign’s lawsuit.  They argue that it is absolutely constitutional to give military voters special flexibility in voting, and that it is offensive for the Commander-in-Chief’s political campaign to argue otherwise.  They correctly point out that there is good reason to grant military voters special flexibility; members of the military—including those stationed here within the United States—are subject to restrictions, uncertainties, and risks that often make it more difficult for them to vote.  We agree with these military groups.
 
The Obama campaign may not like the early voting policy that the Ohio legislature set.  This does not mean the policy is unconstitutional, and it certainly does not mean that a federal court should be permitted to remake it. 
 
PRESS RELEASE from Obama for America

For Immediate Release: Sunday, August 5, 2012  
Contact: Obama for America Press


CHICAGO -- Mitt Romney and his campaign completely fabricated a claim yesterday that the Obama campaign is trying to restrict military voting in Ohio. The truth is that OFA filed a lawsuit to make sure every Ohioan – from members of the military to teachers and fire fighters – enjoy the same early voting rights during the last weekend prior to the election. Media outlets in Ohio and around the country have debunked the Romney campaign’s shameful claim, and a snapshot of coverage is provided below:
Mitt Romney Wrongly Accuses President Obama of Trying to Restrict Military Voting in Ohio
Cleveland Leader // Julie Kent
Romney said in the statement:  “President Obama’s lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage." The problem is, however, is that the lawsuit attempts to do no such thing. Filed in mid-July, the lawsuit asks a federal court to restore in-person early voting rights to all eligible Ohio voters on the three days leading up to Election Day. The lawsuit doesn't seek to stop members of the military from voting in person during that period. Rather, the lawsuit seeks to require Ohio to give other votes the same opportunity to vote.
 
Both campaigns roil over voting suit
Columbus Dispatch // Joe Vardon
But presumptive Republican presidential nominee Mitt Romney and his aides have suggested that the intent of the suit was to roll back voting rights for military families. It began to unfold publicly on Friday during a Romney campaign stop in Nevada. According to his aides, he was asked by a reporter for his reaction to the Obama campaign’s “filing suit in Ohio to try to reduce early voting by a few days for military living overseas and some American civilians living overseas.” That is an inaccurate characterization of the lawsuit. The lawsuit does not ask the judge to reduce early voting days for military personnel, which is required to stretch through the day before Election Day by the Uniformed and Overseas Citizens Absentee Voter Act. Rather, it reminds the court that all Ohio voters could cast early ballots in person up to Election Day until Republican state legislators in Ohio passed House Bill 194 last year.
 
Romney claim causes controversy over early voting
Columbus Dispatch // Joe Vardon
Here’s where the controversy kicked in. Both Mitt Romney, the presumptive Republican nominee, and his campaign aides made strong suggestions Friday and today that Obama’s lawsuit sought to take away in-person voting for military families the Saturday, Sunday, and Monday, which is incorrect. Obama’s lawsuit only asks the court to re-install those last three days of early voting for non-military voters, so that all voters could cast their ballots in person through Nov. 6.
 
New state voting laws cause controversy; critics fear turnout will suffer
Cleveland Plain Dealer // Sabrina Eaton
President Obama's re-election team last month sued Ohio Secretary of State Jon Husted to demand that in-person voting be allowed during those three days. The lawsuit argues that all Ohio voters should be permitted to cast ballots the weekend before the election, as members of the U.S. military are permitted to do.

Romney Falsely Accuses Obama Campaign Of Trying To Restrict Military Voting Rights
Talking Points Memo // Ryan J Reilly
Mitt Romney attacked a lawsuit brought by President Obama’s campaign seeking the restoration of early voting rights for Ohio voters by falsely implying that Obama is trying to take away the early voting privileges for members of the military. “President Obama’s lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage,” Romney said in a statement Saturday. Actually, the Obama campaign’s lawsuit, filed by the campaign in mid-July, explicitly asks a federal court to restore in-person early voting rights to all eligible Ohio voters on the three days preceding Election Day.
 
No, the Obama Campaign Isn't Trying to Take the Vote Away from Soldiers
Slate // David Weigel
The Obama filing claims that special early voting rights violate the 14th Amendment; the org leaders read that, and worry that their votes are in danger. Mitt Romney is with them. “President Obama's lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage. The brave men and women of our military make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote.” That's all good, but the Obama campaign doesn't disagree with it.
 
Romney Smears Obama, Falsely Claims He Filed Lawsuit To Restrict Military Voting In Ohio
Think Progress // Judd Legum
Today on Facebook, Mitt Romney claims that the Obama campaign is trying to “undermine” the ability of members of the military to vote in Ohio: “President Obama’s lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage. The brave men and women of our military make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote. I stand with the fifteen military groups that are defending the rights of military voters, and if I’m entrusted to be the commander-in-chief, I’ll work to protect the voting rights of our military, not undermine them.” This certainly sounds outrageous, but it is not true.
 
Obama camp: Romney's Ohio voting claim 'shameful'
Politico // Reid J Epstein
At issue: A lawsuit the Obama campaign filed July 17 that seeks to restore three days of early voting for all of the state's voters. At no point does the lawsuit attempt to curb the rights of active military. Instead, the federal suit tries to restore three days of early voting for all citizens that Ohio GOP-led state legislature eliminated in 2011. The state law ended early voting on the Friday before Election Day, though federal law allows members of the military to vote until the Monday before Election Day.
 
Obama Campaign Accuses Romney Of Lying About The President's Voting Lawsuit
Business Insider // Brett LoGiurato
The Obama campaign lawsuit pretty clearly seeks to extend in-person voting options to everyone. Since the polls will be open for military members anyway, it questions why Ohio would restrict voting access at all. But Romney blasted Obama in a statement this morning. “President Obama's lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage. The brave men and women of our military make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote." A Facebook post of the statement had gotten nearly 100,000 "likes" as of 6:15 p.m. Saturday. But the 21-page lawsuit does not seek to limit service members' early-voting privileges. Merely, it seeks to extend them back to everyone.
 
Obama Campaign Called Ohio Decision On Early Military Voting “Appropriate” In Lawsuit
BuzzFeed // Chris Geidner
The Obama campaign said in a lawsuit drawing attention this weekend that the Ohio Secretary of State "appropriately" allowed a longer time period for early, in-person voting among members of the military and their families — a line that contradicts suggestions that the suit opposes early voting for servicemembers. The lawsuit — filed more than two weeks ago by the Obama campaign, Democratic National Committee and Ohio Democratic Party — has become a target of the Romney campaign, with Spokesman Ryan Williams telling BuzzFeed that Obama's campaign "sued Ohio to object to the three extra days the state is giving military voters and their families during Ohio’s in-person early voting period." Fox News went further, reporting that the lawsuit aims to "block a new state law allowing men and women in uniform to vote up until the Monday right before an election." In fact, the lawsuit is addressing what it calls "a confused legislative process" surrounding the passage of three voting laws in a short period in Ohio.
 
Henry Gomez ‏@HenryJGomez Key request in Obama's OH lawsuit: to restore "in-person early voting on the 3 days immed preceding Election Day for all elig OH voters."
 
Joe Vardon ‏@joevardon Ok. ANY suggestion that Obama's lawsuit seeks to limit voting for military families is untrue. Such came from Team Romney Fri and Sat...cont
 

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PRESS RELEASE from Obama for America

For Immediate Release: Saturday, August 4, 2012  

Contact: Obama for America Press 

STATEMENT: Romney Campaign Falsifies Claims About Early Voting for Military Service Members in Ohio

CHICAGO – Obama for America Veterans and Military Family Vote Director Rob Diamond issued the following statement today in response to Mitt Romney’s false claims about early voting for military service members in Ohio:

“Mitt Romney and his campaign have completely fabricated a claim that the Obama campaign is trying to restrict military voting in Ohio. In fact, the opposite is true: the Obama campaign filed a lawsuit to make sure every Ohioan, including military members and their families, has early voting rights over the last weekend prior to the election. The case filed with the court could not be clearer on this point. The real story of what is happening in the Buckeye State is that Mitt Romney supports the Republican effort to stop people from voting by restricting their access to the polls. In 2008, more than 93,000 Ohioans utilized early voting in the three days before the election. In complete disregard of the will of Ohio voters expressed last year through the referendum process, the Republican legislature is attempting to remove from the vast majority of voters -- including veterans of our armed services -- the early voting rights they enjoyed in 2008. This latest Republican attack on rights of voters is shameful -- and so is Mitt Romney’s endorsement of it.”   

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PRESS RELEASE from Romney for President

FOR IMMEDIATE RELEASE	CONTACT: Romney Press Office
August 4, 2012	857-288-3610

 
 
Boston, MA – Mitt Romney today made the following statement on early voting privileges for military servicemen and women in Ohio:
 
“President Obama's lawsuit claiming it is unconstitutional for Ohio to allow servicemen and women extended early voting privileges during the state’s early voting period is an outrage. The brave men and women of our military make tremendous sacrifices to protect and defend our freedoms, and we should do everything we can to protect their fundamental right to vote. I stand with the fifteen military groups that are defending the rights of military voters, and if I'm entrusted to be the commander-in-chief, I'll work to protect the voting rights of our military, not undermine them.”
 

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PRESS RELEASE from Veterans for a Strong America