By GottaLaff

Unsettling, to say the least:
Ohio election officials are sending out a mass mailer stamped “do not forward” to all registered voters today (Sept. 5) with an absentee ballot application and other important notices for Nov. 4.

What’s important here is not so much what’s going out as what’s being returned to sender.

Unbeknownst to the would-be recipients, the same mailer — just 60 days before the election — has the potential to determine their eligibility to vote, challenged not by election officials but by partisan opposition.

A similar mailer in March netted nondeliverable mail from almost 600,000 registered voters in just five Ohio counties who could now have their ballots thrown out for voting under the wrong address.

The National Voter Registration Act prohibits any state from purging names from the voting rolls within 90 days of an election.

The law doesn’t, however, preclude mass partisan challenges on or shortly before Election Day — known as voter caging — based on the same returned envelopes from state-sponsored mailers like the ones in Ohio and others going out across the country.

Caging: A term of art in the direct mail industry, as well as a term applied to a technique of voter suppression. A caging list is a list or database of addresses, updated after a mailing program is completed, with notations on responses received from recipients, with corrections for addresses that mail has been returned undelivered from, or forwarded onward from.

In 2004, the year the national election hinged on results from Ohio, the Ohio Republican Party challenged 35,000 voters based on returned mail from the GOP's own friendly reminder notices. From 2004 to 2006, Republicans challenged 77,000 voters this way nationwide. A consent decree issued in 1982 and amended in 1987 enjoins the GOP from instituting “ballot security programs” that focus on minority voters.

No evidence so far suggests Republicans — vote caging is essentially a GOP sport — have mounted a caging campaign this year. Yet, in July, Franklin County Election Director and County GOP Chairman Doug Preisse told reporters he didn’t rule out challenges before November, particularly because of increased home foreclosures, which would make failures to change address on voter registration records more common.

A challenged voter will likely cast a provisional ballot, which often requires voters to return to election divisions to prove their identity and address. Nearly a third of all 1.6 million provisional ballots cast in 2004 were thrown out.

How are we all feeling about Ohio 2008 now, hmm?

Voting-rights groups don’t oppose voter-roll housekeeping, but they cite the federal law as evidence that executing it so close to the actual election isn’t fair.

Donita Judge, Ohio staff attorney for the nonprofit Advancement Project:

“A single returned piece of mail is not a reliable basis for challenging the right to vote,” Judge said. “Mail may be returned for many reasons, including errors in the database from which the mailing is derived, errors in the mailing labels, failure to include an apartment number or poor matching criteria.” [...]

Meanwhile, the sweeping Ohio election law loosens the rules around challenging voters. It also strips much of the ability of voters to know they are being challenged and defend their right to vote before an election judge.

In an interview I saw a week or 2 ago, Jesse Jackson said he's been organizing a huge campaign to deal with disenfranchisement. I said then, and I say now, I hope he does a thorough job, or it will be Groundhog Day... again.