Tuesday, September 30, 2008

Same Day Voting: Update

Earlier today, the Sixth Circuit Court of Appeals affirmed the decision (that is the subject of the post immediately below) of District Court Judge George Smith, denying the Ohio Republican Party an injunction that would prevent same day voting. The three-judge panel was comprised of Judge Karen Nelson Moore, Judge Richard Allen Griffin, and Judge Myron Bright, a judge of the Eighth Circuit who was sitting by designation. (A judge from another circuit sitting by designation on a panel is fairly routine.)

The panel had to decide two issues: first, whether to require the Secretary of State to force boards of elections to segregate ballots cast as a result of same-day voting, and second, whether to require the Secretary of State to mandate that boards of elections permit observers to be present during the same-day voting period.

On the first issue, the panel was unanimous: the GOP was deemed not entitled to the relief they sought. Interestingly, the Republicans appear to have shifted their focus once they reached the court of appeals. In the district court, they wanted to enjoin same-day voting altogether; in the Court of Appeals, they merely wanted ballots to be segregated. The Sixth Circuit held that because the relief the GOP now seeks was not presented to the district court, the court of appeals would not grant it.

With respect to the second issue, the panel split 2-1. The majority (Judges Moore and Bright) reversed the district court's decision requiring the permissive presence of observers, holding that no federal law required such a result. (The court explicitly left open the question of whether state law requires boards of elections to be present, as a federal court may not tell a state official how to apply a state law.) Judge Griffin, dissenting in part, would have affirmed the district court.

So judges from both sides of the political spectrum have now agreed (finally, it appears) with Jennifer Brunner that same-day voting is permissible under Ohio law.

For what it's worth, I agree (partially) with Judge Griffin: SOS Brunner should permit observers to be present for the thirty-five days prior to Election Day during which absentee ballots are turned in. (It's not clear to me, though, the basis to conclude that federal law requires this.) It is absolutely essential that the public's confidence in the integrity of our elections is restored, and disallowing observers is entirely contrary to that goal. Remember that because the General Assembly rewrote the election law after 2004, "observers" are not "challengers." Observers have no right to challenge voters or to attempt to intimidate voters. Thus, no harm comes from the transparency that the presence of observers would create, and people on both sides (both Democrats living in counties controlled by Republicans and vice-versa) would be assured of a fair process.

Same-Day Voting Permitted In Ohio

You may recall hearing about a controversy regarding so-called "same-day voting" in Ohio. When the Republican-controlled legislature rewrote our election law, it created a five-day window during which people could both register to vote and cast their absentee ballot. Democratic Secretary of State Jennifer Brunner has interpreted the law to allow people to do both on the same day.

The Ohio GOP disagreed with Brunner, and has filed lawsuits to prevent same-day voting. The courts have now ruled that Brunner is right and the Republicans are wrong.

Yesterday, the Republican justices of the Ohio Supreme Court, by a 4-3 vote, dismissed the lawsuit that sought to prevent same-day voting. Its order is available here. The Republicans also have filed suit in federal court seeking to enjoin same-day voting. United States District Court Judge George Smith (appointed to the bench by Ronald Reagan) has issued an order (available here) deferring to the judgment of the Ohio Supreme Court, but requiring that observors be permitted to be present. His decision has been appealed to the Sixth Circuit, which will almost certainly order expedited briefing and rule quite quickly.

The upshot: if you are not registered to vote, you can both register and cast an absentee ballot on the same day from now through October 6. So can your family, friends, and neighbors. So pass the word and go vote.

The Enquirer's article (albeit with a misleading lede) is here. For up-to-the minute coverage of Ohio election litigation, check the Election Law Blog, based at the Moritz College of Law at The Ohio State University.

CAC Diversity Training Spotlighted

The Cincinnati Contemporary Arts Center was singled out for work done over the sumer on a diversity program. Plans are being put into place to fully implement it in 2009.

NewsAche Blog Is No More

After 2 years of hard critiques of the Cincinnati Enquirer NewsAche signs off along with those leaving the Enquirer because of the buy out options. Often harsh, but consistent, Newsache will be missed. The lingering question is, who was the author? This departure suggests that the author, who is believed to be an Enquirer employee, is one of those leaving the company.

Monday, September 29, 2008

Downtown vs. OTR

If you were buying a condo or loft tomorrow (assuming you could find a bank willing to extend you credit prior to their reception of a 700 billion dollar bribe), where would you buy: Downtown or Over-the-Rhine? What are the advantages and drawbacks to each? If you were renting instead of buying, would your answer change?

The biggest, most obvious difference is probably cost: I expect people are paying less per square foot in OTR than in Downtown.

Obviously, I've chosen to rent downtown (in a building where I pay a shockingly low amount per square foot). Griff and Julie have bought in OTR. When (if) I buy, I'm more likely to buy a house, making either neighborhood an unlikely spot for me (unless I win the lottery--then I'll just buy Parker Flats, tear down a lot of interior walls, and make it my own downtown mansion).

What are your thoughts?

The Banks and Sawyer Point

The Enquirer's article highlighting the groundbreaking Riverfront Park in the midst of the Banks reminded me of a question that's been lingering in the back of my mind: once the new park is completed, what's to become of Sawyer Point? The target date is late 2010.

It seems to me that a lot of the things that currently happen at Sawyer Point may move to Riverfront, particularly as the Banks itself is completed. I would think the City and the County would pressure groups to put events at Riverfront. Party in the Park seems like a likely candidate to move to Riverfront. So, perhaps, do Blues Fest, the Fourth of July celebration, and the Black Family Reunion.

Anyone here privy to whether there's been discussion of how diminished Sawyer Point's role is expected to be in Cincinnati's cultural life post-Riverfront Park?

Sunday, September 28, 2008

Parker Flats

I saw a moving truck outside of Parker Flats (the new condo building on the southeast corner of Fourth and Central) on Friday. For a second, I thought maybe the first resident was moving in, but I'm pretty sure it was just some things for the offices.

At any rate, the ownership was feeling sufficiently good about the building's completion that it made a few extra bucks today by opening the garage to Bengals parking.

(No, the link isn't to the official Parker Flats website. 5chw4r7z is just far more interesting than Middle Eart Development could ever be. And besides, he's about to be my across-the-street neighbor; may as well help his hit count.)

Bumble in the Jungle

Well, the Bengals have fallen to 0-4, defying even my own meager expectations for the team. Daugherty's column sums things up pretty well. He argues for sitting the injured Palmer again next week, to make sure he's healthy and stays that way (since the team doesn't have much of a chance of stopping the Cowboys defense from getting to the quarterback). I'd go a step further: why risk Fitzpatrick, who may need to play for several more weeks? Let's see what Jordan Palmer can do.

The bad news? Things don't get any easier. The Bengals travel to Dallas next week, New Jersey (for the Favre-infused Jets, who put over 50 points on the scoreboard today) the following week, and then return to PBS to play the Steelers. Oh-and-seven has to be viewed as a real possibility.

The Cincinnati Bengals are now on the clock.

In Memoriam: Paul Newman

I've been trying to find a Cincinnati link to justify noting the passing of Paul Newman here. I can't.

Nonetheless, here's an excellent piece describing what is, perhaps, Newman's real legacy.


I keep wondering why AMC or some similar cable station isn't running a Paul Newman movie marathon in tribute today. Truth be told, I've never watched Butch Cassidy and the Sundance Kid, and now I'm thinking I should.

Cincy Couture

The Cincy Couture Fashion Show went off superbly yesterday. The music list for the entire program can be on the The Conveyor.

Saturday, September 27, 2008

Last Night's Debate

Personally, I thought the debate was pretty much a draw and wouldn't change anyone's mind.  Of course, I'm perplexed by people who declare themselves to be "undecided" voters.  How can you not know which of the two candidates most reflects your values and policy judgments by now?

The professional punditry seems to agree about this being a draw.  Of course, the mainstream media probably wouldn't declare anyone a "winner" unless his opponent literally vomited down the front of his own suit during the debate, for fear of being accused of bias.

Then I found this clip from Fox:  their focus group of "undecided voters" had Obama as the clear winner.


Since most believe this first debate would be the toughest of the three for Obama, the reaction of the focus group is clearly a good omen for the Democrat.  And with so many states permitting early voting, the early debates may be the only ones that matter.

You can vote in Ohio beginning on Tuesday.

Thursday, September 25, 2008

Speculation on the Secret Show

WOXY's boards have a bunch of speculation on the secret show set for the Know Theatre on Saturday night.

UPDATE:The speculation was correct, the band was Radio 4.

MidPoint Starts Now!

I am packing up my notebook, camera, comfortable shoes, and schedule for Day One of Midpoint.

I will have my detailed coverage of the event over at www.theconveyor.com, so check there for a recap of day one.

CityBeat has a big central page with all things Midpoint. They will have the official word on any schedule changes.

I hope to see a bunch of faces down at the opening show which is happing right now! (I had to run home first) If you have any recommendations on what bands to see, please send them on or comment below.

CAC Opening Tomorrow Night

The CAC has a vibrant opening tomorrow night: MARIA LASSNIG and Carlos Amorales: Discarded Spider.

The event starts at 8 pm. Admission is free, there's a cash bar, a DJ, a ballet performance at 10PM, and of course, wonderful contemporary art by two very significant artists.

If you need a midpoint break from Midpoint, get there, then afterwards hit more showcases!

20/20 Vision Kicks Off

CinWeekly has a nice artcle on the start of 20/20. For the full story on the 20/20 arts festival, check out www.20days20nights.com for more.

Wednesday, September 24, 2008

What Are They Thinking?

[UPDATE: 9/25/2008]: The post to which the following refers has been deleted from the Hamilton County GOP Blog without comment. Since Triantafilou is relatively new to the blogosphere, perhaps people will overlook this serious breach of blogger etiquette (generally, it is understood that one does not delete posts--updating or editing for typos is fine--in this manner). I've no idea whether our post here has anything to do with the deletion.

Via Alex Triantafilou's blog, we learn that the HamCo Republican Party is recommending a "no" vote on Issue 8, which would amend the City Charter to force voting by proportional representation in City Council elections. The official statement from the local GOP:

The Hamilton County Republican Party has historically stood against proportional representation as a method of electing members of city council. The most important factors identified by the Republican Party in opposing this measure is the confusion in how the system operates and the cost associated with implementation. After vigorous debate and discussion, our Party is urging a vote of "NO" on Issue 8.

(Emphasis mine.) Why on earth would the GOP highlight its "historical" position on PR? Whoever drafted this statement for the GOP should either resign his or her post or be asked to step aside. It's one of two things: it's either historically unaware at best, or extraordinarily insensitive at worst.

Before I explain why, let me make sure I'm not misunderstood. In November, people of various political stripes will take various positions on PR. That's why you see rather odd bedfellows like the NAACP, COAST, and the Cincinnati Business Journal supporting the measure. Some people will decide it's a great idea. Others will decide it's not. Neither decision makes a person or group inherently bad or good, inherently racist or not, or inherently democratic or undemocratic. People of good conscience can surely disagree over Issue 8. In fact, while I'm currently leaning towards believing PR is a good idea, I may vote against Issue 8 for an entirely different reason.

Having said that, the history of opposition to PR in this city is not pretty. According to the most complete account I've seen of the 1957 repeal, the motives for the repeal effort were downright racist. Here's how a paper posted on Mt. Holyoke's website describes the situtation:

In Cincinnati, race was the dominant theme in the successful 1957 repeal effort. The single transferable vote had allowed African Americans to be elected for the first time, with two blacks being elected to the city council in the 1950s. The nation was also seeing the first stirrings of the Civil Rights movement and racial tensions were running high. PR opponents shrewdly decided to make race an explicit factor in their repeal campaign. They warned whites that PR was helping to increase black power in the city and asked them whether they wanted a "Negro mayor." Their appeal to white anxieties succeeded, with whites supporting repeal by a two to one margin.

Let me be perfectly clear: I do not believe that today's HamCo GOP is motivated by racism in encouraging a rejection of PR. But why would the GOP embrace a history of which it should not be proud?

Neither of the two major parties in this nation has a terrific record regarding racism. While the Democratic Party now trumpets civil rights, this hasn't always been the case. Take the 1968 Democratic National Convention. Dems typically will be willing to talk about the shameful acts that occurred outside the convention that year. What we don't talk about, however, is the shame visited upon our party inside the convention. Just forty years ago, Democratic delegates from Georgia left the convention in protest because the DNC seated a racially integrated delegation from Mississippi. That happened within the lifespan of the majority of Americans. Have we--as a party and a nation--come a long way since then? Absolutely. But need we always be mindful of this terrible part of our history? Absolutely.

I'm not suggesting that anyone should vote against Republicans or Republican positions on the basis of things that happened 50 years ago. I am concerned, though, when party leaders--be they Republican, Democratic, or of any other stripe--make statements that demonstrate a lack of awareness of our roots, both as parties and as a nation. The historical opposition to PR is not something for anyone in this City of be proud of or to embrace, and I hope the local GOP will amend its position to make its current motives for rejecting PR clear.

MPMF Tomorrow!!!!

I realize there's a big banner at the top of this blog advertising Midpoint Music Festival (but for those of you who, like me, ignore banners) Midpoint is Thursday, Friday, and Saturday. Complete schedule can be found here. I hadn't realized it was this week until I saw Griff's post about Javier's joining the fray, and went to check the full schedule.

At the very least I'll go to Javier's Friday or Saturday, and hopefully will do much more than that. This should be a great weekend downtown and across the river, so please support the bands involved and come on down.

Right Here in OTR

Jason at Somewhere Over-the-Rhine knocks it out of the park with his take on the ill perceptions of OTR perpetuated by the media and the ignorant suburbanites who haven't been near OTR or Downtown ever in their lives, outside of a Red's or Bengal's game. Jason hits on a topic that I've been seeing for a while and have had in the back of my mind for a long time as a topic to blog about. It deasl with where the perception problem of Cincinnati comes from. It comes from the Native Cincinnatians that never left Cincinnati and are now living outside of the urban core. They don't travel a lot, they spend time in their closed off social networks, socializing only with high school or maybe college friends. They are ignorant and allow themselves to be sucked in by what ever the media says. Hell, if we trusted the media, we would think no crime ever happens in West Chester. When crime does happen there, or in Milford, or in Morrow, we don't hear those areas labeled at all. I wonder why.

[Hat Tip to Just Past Central]

Rocking for Obama on Fountain Square

A huge event will hit the square next on Octber 16th, when The National and The Breeders will do a free show from 5 to 9 PM. This is a rally in support of Barak Obama, so look for other political speakers to appear. Also, since this is going to likely be open to the public, look out for the brownshirts trying to disrupt it or try to make it look like the Dems are being disruptive.

Driehaus--Chabot, Neck and Neck

The Blogging Pros at Talking Points Memo have the link to polling for the 1st and 2nd Districts in Ohio:
"A new set of SurveyUSA polls in Ohio show Dems poised to pick up two out of four contested GOP-held district. In the First District, incumbent Rep. Steve Chabot (R) is holding a small lead over challenger Steve Driehaus (D) 46%-44%. In the Second District, Rep. Jean Schmidt (R) is holding an 8-point lead over challenger Victoria Wulsin (D) 48%-40%."
It has been months since a poll came out and this is great news for Driehaus. Look for money to be dropped into this race right now and for a big blitz to unseat Chabot by the Dems.

It looks like a much tougher hill for Wulsin to climb. The poll there doesn't mention the impact of the Independent conservative (Krikorian) in the race, however, which should be an impact to Schmidt, who has a very high negative with some conservatives.