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Tuesday, November 02, 2004

Election watch ~ Third Circuit denies stay of order limiting Ohio voter challenges
Jeannie Shawl at 8:39 AM ET

[JURIST] The US Third Circuit Court of Appeals has denied a stay of an order [PDF] issued yesterday by New Jersey District Judge Dickinson Debevoise. Judge Debevoise ruled that the Republican National Committee cannot use a list of 35,000 names (later reduced to 23,000 names) to challenge voters at the Ohio polls because it violates a previous New Jersey consent decree. AP has more.... As previously reported on JURIST's Paper Chase, the US Sixth Circuit Court of Appeals stayed two lower court rulings early Tuesday morning, ruling that the Ohio Republican Party can place people at polling stations to challenge voter eligibility. The US Supreme Court has refused to stay the Sixth Circuit decision.... US District Judge Lawrence Piersol early Tuesday granted a request by Democratic US Sen. Tom Daschle to limit activities of Republican poll watchers in South Dakota's Charles Mix County. Daschle had sought a temporary restraining order preventing Republicans from doing anything to "harass, intimidate or discourage voters." Judge Piersol ruled that poll watchers are prohibited from following American Indian voters out of polling places and from taking down license plate numbers of American Indians' vehicles. AP has more.... Pennsylvania Commonwealth Court President Judge James Gardner Colins has extended the state's deadline for overseas voters' absentee ballots. Judge Colins said that the votes should be counted as long as the votes are cast by 8 PM Tuesday in Philadelphia, regardless of what time zone the voter is in. AP has more. Paper Chase has background on the extension of the overseas ballot count in PA and other election issues in the battleground state.... Lawyers and election-rights activists hit polling places Tuesday to watch for problems in Florida, Ohio and other battleground states. Within two hours of polls opening, an online and phone hotline has received reports of over 900 incidents, although most relate to questions about registration and polling locations. However, voters in New York, Pennsylvania and Ohio are complaining of late poll openings or problems with non-electronic voting machines. AP has more.... Voters in 11 states will decide Tuesday whether to approve constitutional amendments banning same-sex marriage. Proposed amendments in Mississippi, Montana and Oregon refer only to same-sex marriage, while proposals in Arkansas, Georgia, Kentucky, Michigan, North Dakota, Ohio, Oklahoma and Utah would also ban civil unions. It is expected that the same-sex marriage bans will past in most states, although gay-rights groups are hoping that the Oregon proposal will be defeated. AP has more.






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