Another important issue is whether military voters may be afforded special voting privileges. The court sided with the Obama campaign, saying that there is really no difference between (non-deployed) military voters and the general public:
There is no reason to provide these [non-UOCAVA] voters with fewer opportunities to vote than military voters, particularly when there is no evidence that local boards of elections will be unable to cope with more early voters.
In a drive-by swipe at the military, the court reduced the special privileges afforded by the UOCAVA to partisan ballot-box stuffing, using a slippery slope argument and saying that if they allowed special voting rights for non-deployed members of the military,
Partisan state legislatures could give extra early voting time to groups that traditionally support the party in power and impose corresponding burdens on the other party’s core constituents.
While we wait to see if the Supreme Court will intervene, SOS Husted is marching on with his quest for uniform voting hours. He sent an advisory to all county boards of elections in the state last week, asking for their recommendations on how to set uniform voting hours throughout the state for the three days before the election. It is unclear whether mandatory uniform hours for the weekend before the election would satisfy the court’s order to allow the county boards to decide, but it’s a rather canny strategic move on Husted’s part.
If Husted’s uniform hours scheme doesn’t work, expect Electionmageddon. If the boards are ordered to set their own hours, two Democrat and two Republican election officials in each county will make the decision. This was a mostly non-controversial issue in past elections, but in the wake of the court case, it will likely be very contentious. In the event of a deadlocked board, Husted is the tiebreaker. Bring on the legal teams, the paid union protesters, and the disenfranchisement police.