BREAKING: After Ohio’s Sec. of State refused to abide by the declaratory judgment from yesterday, the Franklin County Court just ORDERED him to do so:

“The Preliminary Injunction now issued by this court is as follows:
The Secretary of State, his agents, employees...”

“....attorneys and all those persons in active concert or participation with him who receive actual notice of this order, must immediately cease enforcing the limitation of one absentee ballot drop box per county set out in the Secretary’s August 12, 2020 Directive 2020-16..”

“...or any variant of that Directive imposing any arbitrary limitation on the number or location of secure drop boxes that individual county boards of election may employ for the November 3, 2020 general election

Further, the Secretary shall not issue any new Directive or..”

“...restriction to boards of elections which circumvent this order, or prevent individual boards from considering and adopting arrangements other than drop boxes that a board concludes are secure and appropriate to enhance absentee voting in their individual county....”

To be clear, if LaRose does appeal, there will be a stay.

But we are thrilled to have once again shown that multiple drop boxes are allowed, and that LaRose violated the law with his arbitrary ban.

We call on him to follow through on his many public statements that he....
...simply wanted assurance of legal authority to expand drop boxes, and he would act.

Not to do so goes back on commitments he made repeatedly.


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More from @DavidPepper

24 Sep

I've said it privately, I've tweeted it some, but I'm going to lay it out bluntly. Please listen.

Too many insiders continue to categorize certain states as "tipping point" states as if we're in a normal political environment.

But we're not in a normal moment...

1/ Trump reminded us again tonight.

The new reality is that Trump will seize any close and dragged out election result to deny an election loss. To challenge it all the way to the Supreme Court.

And the result of such an effort by Trump, Barr & their lackeys...

....should scare every last American who cares about this nation's future.

But still, too many continue to approach this election as if success is winning the "tipping point" states that lock in a close victory.

But of course achieving this goal simply means...

Read 12 tweets
18 Sep
The @clevelanddotcom Ed Board is not mincing words: "LaRose has used the power of his office improperly to make it harder for voters in Cuyahoga County and the state’s other urban counties to cast their ballots."

LaRose is "overruling local elections officials on their bipartisan decisions about how best to keep elections orderly and safe, & ballots secure. LaRose is the one upending balance in the system and creating the litigation he has said he wanted to avoid."

"But with less than three weeks to go before early voting starts, LaRose needs to explain actions that make it harder for elections officials -- by law, two Republicans and two Democrats running election boards in every county in Ohio -- to plan ahead and do their jobs."

Read 5 tweets
17 Sep
W no evidence to speak of, the @ohiogop accused the judge handling our drop box case (he had granted their motion to intervene) of “collusion.”

It was stunningly inappropriate.

We filed a motion today seeking a show cause order for why they should not be held in contempt. Image
The judge has handled the case professionally throughout, and treated all sides fairly.

His decision was well-reasoned and thorough.

He gave LaRose the opportunity to follow his decision without an injunction, which was beyond fair.

Then he issued an injunction today,
after LaRose refused to follow the decision.

Even then, he granted the stay LaRose requested, assuming he appeals.

The attack on the judge was beyond the pale. And one of the tweets was RT’d by the GOP chair, herself an attorney.

While the statement and tweets have been...
Read 4 tweets
15 Sep

The court walks through the arbitrary and irregular way in which the "drop box ban" came to be, beginning with the request for a legal opinion from Ohio's AG:

"In seeking a formal Opinion, the Secretary conceded that the answer to whether “there may be more than..."

"one secure ballot ‘drop box’ in a county *** is not clear.”

No Opinion issued.

Three weeks later on August 11 the Secretary’s staff sent an email message stating he was “withdrawing this request for a formal Opinion of the Attorney General...."

"... The following day the Secretary issued “Directive 2020-16.

Directive 2020-16 was adopted without any public notice, hearing, or comment. Although in seeking the Attorney General’s opinion three weeks earlier the Secretary acknowledged he had recently been asked..."

Read 5 tweets
15 Sep
MORE from today's big win on drop boxes:

"It is readily apparent that the words “deliver” and “transmitted to” were used interchangeably by the General Assembly. It is also plain that delivery or transmission of an absentee ballot can be accomplished using a drop box..."

"...that puts the ballot securely into the custody of the director of a board of elections, or by actually handing the ballot over to the director face-to-face, or delivering it to his or her staff. No statute says that delivery must occur with only one box per county...."

"...No statute says that delivery would be improper to a drop box controlled by a board and placed at a safe location separate and apart from the main board office. The statute is silent on such matters. The Secretary cannot slip new words into the law...."

Read 6 tweets
15 Sep

"The evidence proves that less than a week after issuing Directive 2020-16 the Secretary held a conference call with people from around the state addressing additional drop boxes...."

"...State Representative Paula Hicks Hudson from Toledo participated. So too did Andre Washington, President of the A. Philip Randolph Institute in Ohio and a member of the Secretary’s own Diversity and Empowerment Council...."

"...Both gave affidavits admitted by agreement in this case. Both testified that on August 19 the Secretary “stated that if a judicial order made it clear that the Ohio Secretary of State has the authority to allow county boards of elections to install secure drop boxes..."

Read 5 tweets

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