Judges Dissolve Ohio Voting Machine Deadline

Two judges Wednesday ordered Ohio's secretary of state not to enforce a deadline for their counties to choose a voting machine vendor, saying the elections official had exceeded his authority. Judge Laurie Pittman of Portage County and John Bessey of Franklin County issued the orders in response to complaints filed by their boards of elections.

The boards said a dispute between Secretary of State Kenneth Blackwell and Attorney General Jim Petro — both of whom are seeking the Republican nomination for governor — should be resolved before the counties select a voting machine vendor.

Blackwell last month issued a directive ordering Ohio's 88 counties to choose by Wednesday one of two vendors of optical-scan machines, which read the choices voters make by marking paper ballots with a pencil.

In a written opinion Tuesday, Petro said the federal law phasing out punch-card ballots allows county elections officials to choose between optical-scan machines and electronic touch-screen systems. He said Blackwell didn't have the authority to issue his directive.

Portage County Prosecutor Victor Vigluicci said he supports Petro's position, and asked for Pittman's order at the request of the county elections board, which used electronic machines in the 2004 election.

"They felt they did not want the secretary of state making that decision for them. They were kind of in a bind," Vigluicci said. "They felt the optical scan system was a step back in technology."

Blackwell's office said the judges' orders would have little effect since 83 counties had complied with his Wednesday deadline. Spokesman Carlo LoParo said Blackwell's office would work with counties that missed Wednesday's deadline in choosing an optical scan vendor.

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