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About 17,100 Republicans and 3,000 Democrats in Cuyahoga County switched parties in the March 4 primary, the county Board of Elections found during an investigation of whether voters lied when they signed affidavits pledging allegiance to their new party.
But Ohio's elections chief warned Tuesday against prosecuting any of these 20,119 crossover voters because doing so could be a violation of free-speech rights.
"I would be very hesitant to move forward in a criminal investigation," Secretary of State Jennifer Brunner said before giving a speech at John Carroll University. "At what point are you going to start getting into censorship?"
The four-member Cuyahoga County Board of Elections, which has two Republicans and two Democrats, would have to vote on pursuing a criminal investigation.
If the board deadlocks, Brunner, a Democrat, would be called on to break a tie.
The board will discuss at its meeting Monday whether to take action.
The board launched its investigation after The Plain Dealer reported on large numbers of Republicans in Cuyahoga County switching parties to vote in the primary.
The board's review, which was finished this week, was aimed at rooting out any voters who broke the law. At the polls, voters who switch parties must sign an affidavit pledging allegiance to their new party. The forms say, "Whoever commits election falsification is guilty of a felony of the fifth degree."
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Board member Sandy McNair, a Democrat, said that such admissions could amount to voter fraud, which is punishable by six to 12 months in jail and a $2,500 fine.
McNair said he wants county Prosecutor Bill Mason to review the findings. "There are very, very few people that wrote anything that was troubling, " he said. "It seems to me, we still need to look at that."
But Mason, a Democrat, said in a written statement: "It's going to be very difficult if not impossible to make a case against a voter who has switched parties."
The board can issue subpoenas to voters it suspects switched parties for malicious reasons. Those voters would be asked to testify about their intent.
David Lambert, civil division chief of the prosecutor's office, pointed out that those voters compelled to testify have the right to invoke the Fifth Amendment, which protects individuals from self-incrimination.
"I think it s a very quixotic effort to convict anybody under this statute," Lambert said.
Brunner said the state legislature may review the law.
But Ohio's elections chief warned Tuesday against prosecuting any of these 20,119 crossover voters because doing so could be a violation of free-speech rights.
The Cuyahoga County Board of Elections has launched an investigation that could lead to criminal charges against voters who maliciously switched parties for the March 4 presidential primary.
Elections workers will look for evidence that voters lied when they signed affidavits pledging allegiance to their new party. And at least one board member, Sandy McNair, a Democrat, wants the county prosecutor to review the findings.
But it remained unclear Wednesday whether the four-member board will agree to pursue prosecution. A 2-2 vote would mean that Ohio Secretary of State Jennifer Brunner, a Democrat, would have to break the tie.
The investigation comes 10 days after The Plain Dealer reported that more than 16,000 Cuyahoga County Republicans changed parties before voting March 4.
After the election, some local Republicans admitted they changed parties only to influence which Democrat would face presumed Republican nominee John McCain in November. One voter scribbled the following addendum to his pledge as a new Democrat: "For one day only."
Such an admission amounts to voter fraud, said McNair, who pushed for the investigation.
"I'm looking for evidence," McNair said. "I'm not interested in a witch hunt. But I am interested in holding people accountable, whether they're Democrat or Republican."
Lying on the signed statement is a fifth-degree felony, punishable by six to 12 months in jail and a $2,500 fine.
Board members expect a report on the county's crossover voters on March 31. The board has the power to issue subpoenas, forcing voters to testify about their intent on election day, McNair said.
Board Chairman Jeff Hastings said the board would have to vote on whether to issue subpoenas.
McNair and the board's other Democrat, Inajo Davis Chappell , both favor issuing subpoenas. The board's two Republicans, however, weren't yet on board with the idea.
Board member Rob Frost, who also serves as the county GOP chairman, had urged Republicans not to change parties for malicious reasons. On Wednesday, he said he hopes the findings from an investigation will be used to prevent similar problems in future elections.
"I haven't seen anything that gives rise, in my mind, to a criminal investigation," Frost said.
Hastings said the investigation's results on March 31 will determine his preferred course of action.
Patrick Gallaway, Brunner's spokesman, said the board hasn't contacted her about prosecuting crossover voters.
§ 1.02 Right to alter, reform, or abolish government, and repeal special privileges (1851)
All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
§ 1.11 Freedom of speech; of the press; of libels (1851)
Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
§ 1.20 Powers reserved to the people (1851)
This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.
§ 5.01 Who may vote
Every citizen of the United States, of the age of eighteen years, who has been a resident of the state, county, township, or ward, such time as may be provided by law, and has been registered to vote for thirty days, has the qualifications of an elector, and is entitled to vote at all elections. Any elector who fails to vote in at least one election during any period of four consecutive years shall cease to be an elector unless he again registers to vote.
Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment 15 - Race No Bar to Vote. Ratified 2/3/1870.
1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment 19 - Women's Suffrage. Ratified 8/18/1920.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment 26 - Voting Age Set to 18 Years. Ratified 7/1/1971.
1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
2. The Congress shall have power to enforce this article by appropriate legislation.
The lengthy Democratic primary contest bodes well for Republican chances of holding the White House, a new poll suggests.
As Democratic Senators Barack Obama of Illinois and Hillary Clinton of New York slug it out for the nomination, many of their supporters -- at least in Pennsylvania, site of the next major primary -- aren't committed to the party's ticket in November, according to a Franklin & Marshall College Poll.
Among Obama supporters, 20 percent said they would vote for Sen. John McCain of Arizona, the Republican nominee, if Clinton beats their candidate for the nomination. Among Clinton supporters, 19 percent said they would support McCain in November if Obama is the Democratic nominee. (See poll)
The significant number of potential defectors underscores how divisive the Democratic primary has been.
(Cleveland, OH) -- Thousands of Republican voters in Cuyahoga County are newly-minted Democrats. The Cuyahoga County Board of Elections says 16-thousand GOP members jumped parties for last week's primary election, but it's not necessarily good news for county Democrats. Elections officials may investigate some Republicans who they believe crossed over to influence the Democratic presidential race in Ohio. Cuyahoga County GOP leaders say national and local talk-radio hosts are to blame for the party-jumping.
In Ohio, which has been hard hit by the economy, Clinton won solid victories among men (11%) and women (32%). She also won heavily among voters over 65 (67% to 31%) but lost among younger voters (67% to 32%), precisely what we have seen before. She won a small victory among voters under $100,000 (51% to 48%) and lost narrowly among richer voters (54% to 46%). Education gave the usual picture, with HS graduates heavily tilting to Clinton (by 27%) and people with college and postgraduate degrees going for Obama strongly. The two candidates split the Protestant vote evenly but Clinton won by 19% among Catholic voters. Ohio does not have many Latinos, so something else is going on here. Interestingly enough, union membership didn't make much difference.