By John McCarthy
The Associated Press
COLUMBUS - The battle over ballots cast by voters whose names aren't on the books where they are voting escalated on Tuesday, with Secretary of State Kenneth Blackwell promising to throw out votes cast at the wrong polling place.
Cuyahoga County's board of elections said Monday it would count such votes, defying a directive issued last month by Blackwell.
On Tuesday, Blackwell fired back with a letter to board Chairman Bob Bennett, saying "failure to comply with my lawful directives will result in official action, which may include removal of the board and its director."
Bennett, who also heads the Ohio Republican Party, did not return a telephone message seeking comment left with party spokesman Jason Mauk.
Voters in Cuyahoga County, which includes Cleveland, will be able to get provisional ballots even if they show up at the wrong polling place, said Michael Vu, a Democrat who is the elections director in Ohio's largest county.
That would violate Blackwell's directive that poll workers should tell voters showing up at the wrong precinct where their correct polling place is. Ohio law states that no one shall "vote or attempt to vote in any primary, special, or general election in a precinct in which that person is not a legally qualified elector."
Provisional ballots are provided to voters who have moved but not updated their registration with the boards. They are set aside and inspected by Democratic and Republican board employees to ensure they are valid. More than 100,000 provisional votes were cast in the 2000 election.
That equaled about 2 percent of the total vote in the presidential election in which President Bush defeated Democrat Al Gore by 3.6 percentage points in Ohio. A statewide election decided by less than one-fourth of 1 percent of the total vote results in an automatic recount under Ohio law.
In his letter to Bennett, Blackwell said the board's action was a "cynical attempt to cause voter confusion" to create an impression that votes tallied at the wrong polling place would be counted.
"Your actions would disenfranchise thousands of Ohio voters by accepting provisional ballots, which based upon Ohio law cannot be counted," wrote Blackwell, also a Republican.
The Ohio Democratic Party sued to overturn Blackwell's ruling, saying a 2002 federal law allows voters to cast provisional ballots at any polling place in their home county. They said the ruling by Blackwell disproportionately affects low-income voters who tend to move more often.
ELECTION 2004
Cheney, Edwards trade sharp barbs
Case Western U. cashes in on occasion
Old warriors disagree, but they do so amiably
Cheney, Edwards spar over Iraq, truth-telling in their debate
Stand-in Portman center of attention
Campus becomes nearly carnival
Excerpts from Tuesday's vice presidential debate
Election 2004 section
TOP LOCAL HEADLINES
Miami didn't reveal return of assailant
'Anti-predatory leasing' proposal hit by critics
Police oversight can be ended, Luken tells feds
Drake might shut, Steger says
Union faults brownout in fire spread
Flu shots now urged for toddlers
Minister accused of sex abuse had passport
Man serving time in '74 rape, murder dies in prison
Marriage measure tossed out
Cuyahoga Co. defies ballot order
Tall Stacks debt deal possible
GOP judicial candidates raise more than Dems
County tries reverse on tax bill for Bengals
Local news briefs
KENTUCKY HEADLINES
Democrat hits back at Bunning
Assembly takes on benefits tiff
Fletcher urges bipartisanship
Grant helps kids' success program
Former sheriff's deputy sentenced to three years for sex abuse
EDUCATION
School election offers glimpse for future voters
Modern-day slavery addressed at Miami
NEIGHBORS
Recovery, forgiveness: 'He was ... a sick man'
Tour to show variety of farms
New homes worry Morrow
Loveland seeks input on redevelopment plan
GOOD THINGS HAPPENING
Unsung hero remembered at golf outing
LIVES REMEMBERED
James Chisholm of Emery Industries