News Abortion

Ohio Heartbeat Bill Dead (Again) for 2012

Robin Marty

Once more, the bill has been shelved, making it the third and final time in a year.

This article was amended at 9:17 pm Eastern on Tuesday, November 27th to correct several typos.

In horror movies, it usually takes multiple tries to officially take out the evil monster. So it goes in Ohio, it seems, as a bill to ban abortions at the point of detection of an embryonic or fetal heartbeat is finally and definitely shelved for 2012.

Current Speaker of the Senate Tom Niehaus announced today that two bills which had previously caused an uproar during the lame duck legislative session would not make it to the floor for a vote. The heartbeat ban, on which it was previously rumored a compromise had been reached among anti-choice factions, was one of the two bills on which a vote would not be held. Some anti-choice groups were concerned it could inadvertently reaffirm the ruling in Roe v. Wade,

The other bill, which would essentially defund Planned Parenthood in the state by reprioritizing funding, will also be taken off the table for now. Niehaus acknowledged the importance of the work that Planned Parenthood, a rarity among the ranks of the GOP: “I think you have to look at the entirety of the work that is done by Planned Parenthood, and I believe that they offer much needed services that are not available other places.  So I chose not to take up the bill in lame duck.”

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According to the Columbus Dispatch, Niehaus told his caucus that neither bill would get a vote, citing constitutional concerns, and asked that his fellow legislators “respect his decision as leader of the caucus.”

For opponents of the measures, the news is met with relief, but also wariness. Kellie Copeland, Executive Director of NARAL Pro-Choice Ohio, predicts that this isn’t the end of either proposal, but simply a time-out before they both come back in 2013. “I don’t think this is a threat defeated, it’s a threat delayed,” Copeland told Rewire. “When these attacks come back in January —  and they will — they are going to be passed and end up on Governor Kasich’s desk. We call on Governor Kasich to tell the women and men of Ohio where he stands and ask him to veto any threats to women’s healthcare.”

Copeland has reason to be concerned. Although Niehaus appears to have developed a personal grudge against Porter and her heartbeat bill, a grudge that escalated into a war of open letters during the height of lobbying at the capital, the likely new senate leader Keith Faber has no such grudge and has already declared himself a supporter of the bill.

Like all good horror movies, it looks like we’ll have to wait to see what happens in the sequel.

News Politics

Ohio Legislator: ‘Aggressive Attacks’ May Block Voters From the Polls

Ally Boguhn

Efforts to remove voters from state rolls and curb access to the polls could have an outsized impact in Ohio, which has seen a surge of anti-choice legislation under the state’s Republican leadership.

Ohio Rep. Kathleen Clyde (D-Kent) said she is worried about the impact of what she called “aggressive attacks” on voting rights in her state.

Ohio voters who have not engaged in voter activity in a fixed period of time, generally two years, are considered by the state to have moved, which then begins the process of removing them from their rolls through something called the “Supplemental Process.” If a voter fails to respond to a postcard mailed to them to confirm their address, they become “inactive voters.” If an inactive voter does not engage in voter activity for four years, they’re automatically unregistered to vote and must re-register to cast a ballot. 

Though other states routinely clean voting rolls, most don’t use failure to vote as a reason to remove someone.

“We have two million voters purged from the rolls in the last five years, many in the last four years since the last presidential election,” Clyde said during an interview with Rewire

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Ohio Secretary of State Jon Husted (R) dismissed concerns of the voter purges’ impact during an interview with Reuters. “If this is really important thing to you in your life, voting, you probably would have done so within a six-year period,” he said.

Ohio’s removal of voters through this process “is particularly problematic in the lead-up to the November 2016 federal election because voters who voted in the high-turnout 2008 federal election (but who did not vote in any subsequent elections) were removed from voter rolls in 2015,” according to an amicus curiae brief filed by the U.S. Department of Justice’s (DOJ) Civil Rights division in support of those who filed suit against Ohio’s law. 

The DOJ has urged the 6th U.S. Circuit Court of Appeals to reverse a lower court’s ruling in favor of the state, writing that Ohio’s voter purge violates the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

Since 2012, at least 144,000 voters have been removed from Ohio’s voter rolls in its three biggest counties, Reuters reported. The secretary of state’s office said 2 million registered voters had been taken off the rolls in the past five years, though many had been removed because they were deceased.

Husted contends that he is just enforcing the law. “Ohio manages its voter rolls in direct compliance of both federal and state laws, and is consistent with an agreement in this same federal court just four years ago,” Husted said in an April statement after the ACLU of Ohio and Demos, a voting rights organization, filed a lawsuit in the matter.

In predominantly Black neighborhoods near downtown Cincinnati, “more than 10 percent of registered voters have been removed due to inactivity since 2012,” reported Reuters. The outlet found that several places where more voters had cast ballots for President Obama in 2012 were the same locations experiencing higher percentages of purged voters.

“Some of the data is showing that African Americans voters and Democratic voters were much more likely affected,” Clyde said when discussing the state’s purge of registered voters. 

Clyde has requested data on those purged from the rolls, but has been turned down twice. “They’ve said no in two different ways and are referring me to the boards of elections, but there are 88 boards of election,” she told RewireWith limited staff resources to devote to data collection, Clyde is still searching for a way to get answers.

In the meantime, many otherwise eligible voters may have their votes thrown away and never know it.

“[P]eople that had been purged often don’t know that they’ve been purged, so they may show up to vote and find their name isn’t on the roll,” Clyde said. “Then, typically that voter is given a provisional ballot and … told that the board of elections will figure out the problem with their voter registration. And then they don’t really receive notice that that provisional ballot doesn’t eventually count.” 

Though the state’s voter purges could continue to disenfranchise voters across the state, it is hardly the only effort that may impact voting rights there.

“There have been a number of efforts undertaken by the GOP in Ohio to make voting more difficult,” Clyde said. “That includes fighting to shorten the number of early voting days available, that includes fighting to throw out people’s votes that have been cast—whether it be a provisional ballot or absentee ballot—and that includes purging more voters than any other state.” 

This could make a big difference for voters in the state, which has seen a surge of anti-choice legislation under the state’s Republican leadership—including failed Republican presidential candidate Gov. John Kasich.

“So aside from the terrible effect that has on the fundamental right to vote in Ohio, progressives who maybe are infrequent voters or are seeing what’s happening around [reproductive rights and health] issues and want to express that through their vote may experience problems in Ohio because of these aggressive attacks on voting rights,” Clyde said. 

“From our presidential candidates on down to our candidates for the state legislature, there is a lot at stake when it comes to reproductive health care and reproductive rights in this election,” Clyde added. “So I think that, if that is an issue that is important to any Ohioan, they need to have their voice heard in this election.” 

News Family Planning

Judge Thwarts Ohio GOP’s Attack on Planned Parenthood Funding

Michelle D. Anderson

“This law would have been especially burdensome to communities of color and people with low income who already often have the least access to care—this law would have made a bad situation worse,” said Iris E. Harvey, president and CEO of Planned Parenthood of Greater Ohio.

An effort to defund Ohio Planned Parenthood affiliates by Gov. John Kasich (R) and the Republican-held legislature has come to an end.

Judge Michael R. Barrett of the U.S. District Court of the Southern District of Ohio on Friday ruled in Planned Parenthood’s favor, granting a permanent injunction on an anti-choice state law.

The court ruling will keep Richard Hodges, the Ohio Department of Health director, from enforcing HB 294.

The 2015 law, sponsored by Rep. Bill Patmon (D-Cleveland) and Rep. Margaret Conditt (R-Butler County), would have redirected $1.3 million in state and federal taxpayer funds from Planned Parenthood’s 28 clinics in Ohio.

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The law would have required the state department to keep federal funds and materials that the health department receives from being distributed to entities that perform or promote non-therapeutic abortions, or maintain affiliation with any entity that does.

Funding that would’ve been cut off from the state health department went to the Violence Against Women and Breast and Cervical Cancer Mortality Prevention acts, the Infertility Prevention Project, Minority HIV/AIDS and Infant Mortality Reduction initiatives, and the Personal Responsibility Education Program.

Planned Parenthood in a lawsuit argued that the Republican legislation violated the First Amendment and the Due Process Clause and Equal Protection Clause of the 14th Amendment.

Barrett had temporarily blocked the law after Planned Parenthood affiliates filed the lawsuit and requested a preliminary injunction. The judge had issued an opinion contending that some legislators passed the law to make it difficult for people to access abortion care, as Rewire reported.

Iris E. Harvey, president and CEO of Planned Parenthood of Greater Ohio, praised the judge’s temporary order.

“This law would have been especially burdensome to communities of color and people with low income who already often have the least access to care—this law would have made a bad situation worse,” Harvey said in a statement.

Kellie Copeland, NARAL Pro Choice Ohio’s executive director, said in a statement that the Ohio legislature passed the anti-choice measure in an effort to appeal to conservative voters in early primary states during Kasich’s presidential campaign.

Copeland said that while the legislation made no effort to reduce the number of abortions performed, “it actively blocked critical health care for low-income women and families.”

Planned Parenthood said those services included 70,000 free STD screenings, thousands of HIV tests for at-risk community residents, and the largest infant mortality prevention program in the state.

In the 23-page court order and opinion, Barrett, an appointee of President George W. Bush, acknowledged that the law would have deterred “patients from seeking these potentially life-saving services.”

Planned Parenthood noted that the recent ruling in Ohio makes it among the ten states where courts have blocked anti-choice laws following June’s landmark Whole Woman’s Health v. Hellerstedt U.S. Supreme Court ruling.

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