Rep. Clyde Urges SOS Husted To Issue Directive Fixing Postmark Problems
Lawmaker seeks a definition of postmark and resolution of equal protection violation
January 20, 2016
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State Rep. Kathleen Clyde (D-Kent) today sent the below letter to Secretary of State Jon Husted, urging him to issue a directive before Ohio’s March presidential primary to avoid the problems of recent past elections. Thousands of absentee ballots have been thrown out in previous elections for allegedly lacking a postmark.

See the letter below:

January 20, 2016

Secretary of State Jon Husted

180 East Broad Street, 16th floor

Columbus, Ohio 43215

Dear Secretary Husted,

I write to urge you to issue a common sense directive on counting absentee ballots with postmark issues in time for Ohio’s presidential primary, when the eyes of the nation will be upon us. Ohio should not be throwing out ballots over postmark issues and confusion about the Postal Service’s process. Your guidance would ease the minds of voters and election officials and let ballots count. There is more at stake than a few thousand votes. While each and every vote is important, the confidence of Ohioans in our election system – with its increasing reliance on mail voting – is at stake. My bill, House Bill 309, would solve the postmark problem, but with no hearings on the bill only a directive can fix this unfortunate situation.

A new postmark directive should address the following:

1)      Let election officials know that any mark that indicates the date that the Postal Service took possession of the ballot will serve as a postmark under Ohio law. That could include a Postage Validated Imprint label, which is postage sold to customers at a post office counter, or a bar code that election officials can read with a scanner.

2)      Require that illegible postmarks or missing postmarks not be used as a reason to throw out a ballot. Ballots from overseas voters are counted regardless of illegible or missing postmarks. This differing treatment of domestic voters sets up an Equal Protection violation. It’s unfair and could lead to litigation.

3)      Permit election officials to use the ballot envelopes that work for their counties, not require the use of smaller business size envelopes. The thicker paper used for ballots will not hold up well from more folding to fit in smaller envelopes and the resulting thicker envelopes are likely to encounter problems with postal processing. We heard from both the Postal Service and the election officials at their recent gathering that this proposal is not workable. So let’s not adopt it.

The Postal Service regards postmarks as a tool to control their revenue stream, not as the key or barrier to accessing the right to vote. The postmark or cancellation indicates to the Post Office that the postage has been used and may not be used again. Election officials need instruction on what counts as a postmark for election purposes and what to do when a voter’s ballot does not get postmarked. Neither Ohio law nor federal law define postmark and this is exactly when directives are needed – to clarify and administer the law.

Thank you for your prompt attention to this matter. With the primary less than two months away, Ohioans need certainty that their ballots will count. 


Kathleen Clyde

State Representative

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