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Casting a Provisional Ballot Because the Absentee Ballot Never Arrived

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
July 18, 2013
Available Online Only

White v. Blackwell (David A. Katz, N.D. Ohio 3:04-cv-7689)
On the morning of a general election, a voter who never received the absentee ballot she applied for filed an action to compel the state to accept her provisional ballot cast on election day. The court determined that the Help America Vote Act compelled relief for the plaintiff, and the judge ordered that all counties in the state accept provisional ballots from voters who did not receive absentee ballots that they applied for. A year later, for a special election, the judge was called upon to provide the same relief. The judge determined that the plaintiff was entitled to attorney fees, and the parties settled on an amount of $225,000.
Topics: Absentee ballots; provisional ballots; Help America Vote Act (HAVA); 42 U.S.C. § 1983; enforcing orders; attorney fees.

One of many Case Studies in Emergency Election Litigation.