PROGRAM SUCCESS – SEPTEMBER 2011
PAGE 9
19 MONTH AFRICAN-AMERICAN
JUDICIAL CANDIDATE AWAITS
RULING IN OHIO VOTER
SUPPRESSION CASE
Cincinnati, OH — Nearly one year after the election,
while one of two Juvenile Court seats remains vacant in
one of Ohio’s largest counties, U.S. District Judge Susan
Dlott will soon rule whether the Hamilton County Board
of Elections (BOE) must count almost 1000 votes that
were rejected in last November’s election, impacting the
outcome of an unresolved judicial race separated by 23
votes. More appeals are expected in the case that: fueled
in part Ohio HB 194; symbolizes the fight to end voter
suppression; and has already reached the U.S. Supreme
Court.
“It has been a long time coming, but I will stand as long
as necessary to ensure that justice prevails and that voters
are enfranchised. I only set out to change the Juvenile
Court, a system that has historically over incarcerated and
under rehabilitated children, especially those of color. I
never intended to also challenge and change the electoral
system in the process,” said Tracie Hunter. “While a grave
miscarriage of justice has occurred, I hope that because of
my stance, a brighter future lies ahead for all voters.”
A candidate since the February 2010 primary, Hunter sued
the BOE in November for violating the Equal Protection
and Due Process Clauses of the Constitution when it
counted some provisional ballots cast in the wrong
precinct, but rejected others, tainting the close election.
In a case that could surpass one million dollars in legal
Tracie Hunter, Judicial Candidate
fees, according to the prosecutor’s office that represents the
BOE, many believe Hunter’s race is a factor. As most
provisional votes were cast in poorer, predominantly
African-American neighborhoods, if the Court orders the
rejected votes to be counted, Hunter could become the first
African-American Judge in the 107-year-old history of
Hamilton County’s Juvenile Court.
Hunter’s opponent, former director of the BOE John
Williams was recently appointed Clerk of Courts while
Hunter remains in limbo. Williams and the BOE filed joint
appeals to prevent counting rejected votes as originally
ordered. “It appears politically biased, but as an African-
American female from Cincinnati, I accepted long ago that
life is not fair or equal,” said Hunter.
Hunter seeks a permanent injunction against the BOE and
its members: prohibiting them from rejecting any
provisional ballots miscast in the wrong precinct November
2; and ordering them to count all provisional ballots miscast
due to poll worker error before the BOE conducts the
automatic recount required due to the closeness of the
election.
Hunter won the May 2010 primary against the endorsed
Democratic candidate by over 60 percent. After final votes
were tallied in November’s election, she allegedly trailed
Republican opponent John Williams by almost 3000 votes.
After winning over 65 percent of all provisional votes
counted 10 days later, she closed the gap to 23 votes.
For the most up to date legal coverage of Tracie Hunter’s
case, go to:
http://moritzlaw.osu.edu/electionlaw/litigation/Hunter.php