In the lead up to the 2000 presidential election, Florida’s Republican Secretary of State Katherine Harris hired a private company to create an error-laden “scrub list” of so-called ineligible voters, eventually wrongly purging as many as 7000 voters from Florida’s rolls — or 13 times George W. Bush’s post-Supreme Court margin of victory. Moreover, because Harris’ list “invariably target[ed] a minority population in Florida” that was overwhelmingly likely to vote for Al Gore, it is likely that her voter purge gave the presidency to Bush. Four years later, Ohio’s Republican Secretary of State Ken Blackwell engaged in similar shenanigans to suppress the vote in his crucial swing state — including at one point saying he would reject voter registration forms if they were not printed on 80-pound thickness cardstock.

This election, the role of Kathrine Harris and Ken Blackwell is played by Ohio’s new Republican Secretary of State, Jon Husted. Here are just a few of the steps Husted took to try to swing Ohio’s crucial electoral votes to Mitt Romney:

• Trashing Provisional Ballots: In a last-minute directive that directly conflicts with Ohio law, Husted ordered all voters who make a mistake when filling out a form accompanying provisional ballots to be disenfranchised. As the majority of provisional ballots are cast in Ohio’s five largest counties — all of which favor Democrats — and because low-income and transient voters are also more likely to vote provisionally, Husted’s directive will likely disenfranchise many more Democrats than Republicans.
• Restricting Early Voting: Husted fought tooth and nail to limit opportunities to vote early in Ohio, although most of the restrictions on early voting Husted advocated were eventually blocked by a federal appeals court. Nevertheless, Husted still limited the number of hours available for early voting even after he lost in federal court, and he told an election law symposium last month that the court decision restoring early voting periods was an “un-American approach to voting.” Early voters in Ohio overwhelmingly support President Obama. As the federal court restoring early voting explained, “early voters have disproportionately lower incomes and less education than election day voters,” and thus are less likely to work flexibility to take time off to vote on election day.
• Defying Court Orders: After a federal district court declared Ohio’s efforts to suppress early voting unconstitutional, Husted openly defied this order — ordering local elections officials not to comply with it. Husted eventually backed down after federal Judge Peter Economus ordered Husted to personally attend a court hearing concerning his refusal to comply with the law.
• Retaliating Against People Who Oppose Him: Husted fired two Montgomery County board of election members after they voted to allow early voting on weekends when Husted opposed it.

It does not have to be the way. Unlike Ohio, where elections are run by a partisan official with few checks on their ability to use their power to influence elections, Wisconsin’s elections are governed by a nonpartisan Government Accountability Board made up of retired judges. In light of the GOP’s longstanding record of using partisan voting officials to skew elections, Wisconsin’s system is a far better alternative.

Pollsters and pundits have trained their eyes on Ohio, where President Obama maintains a narrow lead over Mitt Romney just days before the election. According to exit polls, Obama’s lead is even stronger among early voters. But several recent developments threaten to disenfranchise many of these voters and plunge Ohio into a bureaucratic nightmare on election night.

The Columbus Dispatch reported on Thursday that a data-sharing glitch and mistakes by election officials have caused thousands of absentee ballot requests to be rejected. While Ohio Secretary of State Jon Husted maintains that this was a computer error, the Northeast Ohio Voter Advocates found an abnormally high rate of rejected absentee ballot requests in Cuyahoga County, a Democratic stronghold that includes Cleveland. The Cuyahoga Board of Elections determined that 865 ballot requests had been erroneously thrown out. Though Cuyahoga sent notices to all affected voters, residents in other counties may not be aware and stand to be disenfranchised.

If these voters try to cast their vote in person, they will likely be forced to use a provisional ballot, as the absentee ballot error has thrown their registration status into question. At least 4,500 registered voters across the state will be left waiting for their absentee ballots, while as many as 6,000 provisional ballots cast by registered voters could be tossed out. The provisional ballots that do not get thrown out won’t be counted until November 17, according to state law, further dragging out the confusion.

This absentee ballot fiasco is just the latest in Ohio’s dysfunctional election saga. On Wednesday, the Sixth Circuit Court of Appeals allowed Husted to discount ballots cast by people directed to the wrong polling station by a pollworker — one of the most common errors that led to thousands of votes getting thrown out in Ohio’s dysfunctional 2004 presidential election.

Husted became a national symbol of voter suppression after he banned early voting on nights and weekends, and attempted to defy a court order that restored early voting on the last three days before the election.

In his defense, Husted often touts his unprecedented initiative to mail absentee ballot requests to every registered voter in the state. But critics have pointed out that this measure will probably add to the confusion that could delay the results of the election. Anyone who chooses to return the absentee ballot application but later decides to vote in person will be required to use a provisional ballot, as election officials need to verify that they did not also send in their absentee ballot. The absentee ballot initiative, then, could be a bureaucratic nightmare in disguise. With innumerable legitimate votes cast on provisional ballots, Ohio’s 2012 election could end up mirroring 2004, when the state discarded thousands of votes and tipped George W. Bush over the edge to victory by the narrowest margin.

During his keynote speech at an election law symposium at University of Toledo on Friday, Ohio Secretary of State Jon Husted (R) claimed two recent court decisions restoring early voting on the last three days before the election was “un-American.”

Husted has sought to restrict early voting, even openly defying a court order to lift the ban on voting on the last three days before Election Day. Once the U.S. Supreme Court refused to hear his appeal, Husted immediately capped voting hours at just 16 hours for the entire three day period, down from 24 hours in 2008.

At the UT symposium, Husted continued his revolt against the federal courts that restored early voting. The Toledo Blade reports:

Mr. Husted spoke of a recent federal court decision that he claimed intruded on Ohio’s ability to run its own elections and called it an “un-American approach to voting” — an opinion not shared by many who attended the symposium.

“It’s the job of the federal courts to enforce the Constitution; that includes the right to vote,” said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law who was a panelist at the symposium, after the secretary’s comments. “…We should be doing everything we can to improve access to eligible voters.”

Husted asserted that every vote would be counted fairly and accurately, saying that voting in Ohio is “easy” and “anybody who says that there are residents in Ohio being barred from the right to vote is irresponsible.” Husted has certainly had to contend with many such “irresponsible” people. Though the court restored this three day period of voting, Husted has still prevented Ohioans from voting on evenings or weekends throughout October. He also recently limited the ways election boards can contact voters to clear up errors in their absentee ballots.

Two federal courts said that the Ohio Republican Party’s effort to reduce opportunities to vote early must not go into effect. And the Supreme Court rejected an attempt by Ohio Republican officials to reinstate a GOP-backed law taking away three days of early voting just this week.

Yet despite multiple court defeats, Ohio’s Republican Secretary of State Jon Husted is determined to restrict early voting as much as he can get away with. Indeed, Husted openly defied the first court order blocking the Republican restrictions on early voting, although he eventually backed down after a federal judge ordered him to appear in court personally to explain himself. Now, just two days after the conservative Roberts Court turned away Husted’s bid to reinstate the anti-voter law, he is still finding new ways to cut back early voting:

Ohio Secretary of State Jon Husted swiftly limited early voting hours on those crucial three days to 8 am–2 pm on Saturday, November 3; 1–5 pm on Sunday, November 4; and 8 am–2 pm on Monday, November 5. That means Ohio voters will have a total of only sixteen hours to cast a ballot during those three days. And before the weekend before the election, Ohio voters will still not be able to cast a ballot in-person on nights or weekends.

In 2008, the most populous counties in Ohio allowed more time for early voting—both in terms of days (thirty-five) and hours (on nights and weekends in many places). For the three days before the election, early voting locations were open for a total of twenty-four hours in Columbus’s Franklin County (8-5 on Saturday, 1-5 on Sunday and 8-7 on Monday) and 18 and a half hours in Cleveland’s Cuyahoga County (9-1 on Saturday, 1-5 on Sunday, 8:30-7 pm on Monday). During those final three pre-election days in 2008, 148,000 votes were cast and “wait times stretched 2 1/2 hours,” reported the Columbus Dispatch.

There is a simple explanation for why Ohio Republicans are so determined to cut back early voting. Early voters are more likely to be minorities and are more likely to have lower incomes. They are also much less likely to have jobs that give them the flexibility to take time off to vote on election day. According to a recent Ohio poll, President Obama leads 57 percent to 38 percent among people who already voted, but is tied at 43 percent with Mitt Romney among likely voters who have yet to cast their ballot.

Ohio Secretary of State Jon Husted (R), apparently not satisfied with restricting state-wide early voting hours, has now admitted he wants to reduce the number of valid IDs voters can show at the polls. A leaked audio recording of a Tea Party event in Cincinnati caught the Secretary reassuring Tea Party members that the Legislature plans to push strict voter ID requirements that he once opposed:

I was listening to a show one night about these onerous photo ID rules in Ohio. Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the GA [General Assembly] will take up a more strict version of what we have after this election process.

Husted went on to say “we need to streamline” the number of currently eligible voter IDs, and he is “quite confident” the Legislature would take the issue up after the election:

Husted seems to have changed his mind since last year, when he declared, “I would rather have no bill than one with a rigid photo identification provision that does little to protect against fraud and excludes legally registered voters’ ballots from counting.” Ohio’s voter ID bill failed in the Senate, partly due to Husted’s public break with his party.

More recently, Husted’s office has been flooded with criticism over his directive limiting voting hours in spite of requests from multiple election boards to stay open on weekends. He’s also in hot water with a federal judge after he resisted a court order to restore voting hours on the last weekend before Election Day — although Husted ultimately backed down after the judge ordered him to appear in court.

After previously trying to restrict early voting, Ohio Secretary of State Jon Husted (R) today reversed course on his decision to block county boards of elections from setting their own early voting hours in the days leading up to the November election.

Last month, Husted and Ohio Republicans led an effort to limit early voting hours in Democratic counties, including those with major cities like Columbus and Cleveland, while expanding early voting in Republican counties. After the ensuing uproar, Husted moved to restrict voting hours across the state, only to have his cuts to early voting restored by a federal court.

Husted responded to the ruling by refusing to comply with the court order. Expanding voting hours, he claimed in Directive 2012-40, will “only serve to confuse voters.” Therefore, the directive read, he was “prohibit[ing] county boards of elections from determining hours for the Friday, Saturday, Sunday, or Monday before the election.” The move led Judge Peter Economus to set a hearing for September 13: “The Court ORDERS that Defendant Secretary of State Jon Husted personally attend the hearing,” his release read.

Facing a direct court order, Husted has chosen instead to back down. This afternoon, Husted’s office released Directive 2012-42 with a brief message: “Directive 2012-40 is hereby rescinded.” As a result, county boards of elections will now be allowed to set their own hours, pending Husted’s appeal of the Obama for America v. Husted decision.