CINCINNATI - Ohio Democrats did not have the right to challenge a state requirement that voters show up at their assigned polling place to cast a ballot, lawyers for the Justice Department (news - web sites) told a federal appeals court Friday.
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Ohio Secretary of State J. Kenneth Blackwell is within his authority under federal law to require that a voter appear at the correct polling place, Department of Justice (news - web sites) lawyers contended in written arguments filed with the 6th U.S. Circuit Court of Appeals (news - web sites).
The federal government may sue in order to enforce its provisions, but federal law does not grant private parties that right, the Justice Department contended in its brief in support of Blackwell. The Justice Department is not a party in the lawsuit, which Ohio Democrats filed against Blackwell, a Republican.
Blackwell says the state has the authority to administer elections. The Justice Department lawyers backed that position, arguing that the law does not conflict with, or pre-empt, Ohio's precinct-based system of voting.
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