01 November 2004

2 Judges Bar Party Challengers at Polls

Nov 1, 2004

By TERRY KINNEY, Associated Press Writer

CINCINNATI - Two federal judges Monday barred Republican Party representatives from challenging the eligibility of voters at polling places on Election Day.

U.S. District Judge Susan Dlott said that a black couple suing over such challenges would probably be able to prove them unconstitutional. In a similar case in Akron, U.S. District Judge John Adams said it is up to regular poll workers to determine if voters are eligible.

In a related ruling in Newark, N.J., a federal judge said a GOP list challenging the registration of 23,000 voters in Ohio unfairly targeted minority voters, and violated a decades-old order prohibiting such tactics. The GOP had claimed many of the names were fraudulent.

"The public interest is always served by encouraging people to vote," Judge Dickinson R. Debevoise said.

In the Akron ruling, the judge said people appointed as challengers cannot be at the polls for the sole purpose of challenging voters' qualifications.

"In light of these extraordinary circumstances, and the contentious nature of the imminent election, the court cannot and must not turn a blind eye to the substantial likelihood that significant harm will result not only to voters, but also to the voting process itself, if appointed challengers are permitted at the polls," Adams said.

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