Federally mandated election reforms promised after the 2000 Florida fiasco could be delayed in Ohio from the 2004 election until 2006, if state lawmakers get their way.
An amendment inserted into the compromise 2004-05 state budget early Thursday morning would require Secretary of State Ken Blackwell to ask the federal government for a waiver from implementing provisions of the Help America Vote Act (HAVA) of 2002, which would reform the ballot process and install modern, more accurate voting equipment.
The measure undercuts Blackwell's authority and sends the wrong message on Ohio's - particularly GOP leaders' - commitment to reform. Gov. Bob Taft should use his line-item veto on this one.
Waiver supporters say it is necessary because some county boards of election claim their workers won't be ready to handle the changes. "That's a serious concern," said Sen. Jeff Jacobson, R-Dayton, the amendment's author. Acting at the behest of Senate President Doug White and House Speaker Larry Householder, Jacobson asked Blackwell to guarantee that he wouldn't force all counties to be ready with reforms in 2004. Blackwell refused, according to Jacobson, so the amendment was added.
About 40 states are asking for waivers, Jacobson said. But that's no reason for Ohio not to try to be ready. And there is not reason to keep Blackwell from using his legal muscle to push for it.
The amendment doesn't stop any county that wishes to implement the reforms in 2004 from doing so, Jacobson said. It simply takes away the secretary of state's power to force the change. That seems an unwise and possibly unconstitutional intrusion into a statewide official's authority. Blackwell may be overplaying his hand by threatening to sue the General Assembly, but he has a big personal stake in this issue as a national leader in election reform.
Implementing the reforms is clearly the secretary of state's prerogative, not the legislature's. Blackwell says Ohio is on track for reform in 2004. That's his call to make. Besides, the election is more than 16 months away. That's plenty of time for Blackwell to monitor the counties and, if needed, ask for a waiver later. If he doesn't and Ohio suffers 2004 election glitches, however unlikely - well, he has to face the voters, too.