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C. What the Bills Say
Maine. On June 21, Governor Paul LePage signed a bill to repeal Maine’s 38-year old law allowing
same-day voter registration. 205 It was the oldest EDR law in the country. The Montana bill that was
vetoed similarly would have eliminated EDR in that state.
Ohio. Beginning in 2008, the State of Ohio adopted what effectively became same day registration
during the first week of early voting. 206 In both 2008 and 2010, the first week of early voting overlapped
with the final week before the registration deadline, and meant that citizens were able to register and
vote on the same day. 207 An omnibus election reform bill, signed by Governor John Kasich on July 1,
substantially reduced the early voting period, thereby eliminating “Golden Week,” and Ohio’s de facto
same day registration period.
North Carolina. Current law in North Carolina allows eligible voters to register to vote or update
their registration information during the early voting period. A bill currently under consideration in
the North Carolina Senate would eliminate same day registration (it would also reduce the early voting
period, as discussed below) and the ability of voters to update their registration information during
early voting. 208
The Special Case of Ohio’s Referendum
Ohio is no stranger to partisan fights over election law. With Republicans in control of both the
Legislature and the executive branch this year, it is not particularly surprising that the state passed a
new omnibus election law dramatically altering the state’s election code. It was signed by Governor
Kasich on July 1 and passed along party lines—without a single Democratic vote. 209 The bill,
supported by the current Republican secretary of state of Ohio, impacted many areas of election
administration. 210 Among the most significant changes relevant to this report, it cut the in-person
early voting period by two thirds, eliminated early voting on Sundays, eliminated the state’s de facto
“same day registration” week during the early voting period, and forbade county boards of election
from mailing out return-paid absentee ballot applications or absentee ballots. 211 Democrats argued
that the bill would suppress votes, particularly votes of groups that traditionally favor Democrats,
like African-Americans. 212
Unlike minority parties in most other states, Democrats had a weapon that allowed them to fight
changes to the election code even after they were passed into law: the Ohio referendum. Under the
unique rules of that state, if opponents of the bill get enough signatures, all of the new provisions
will be stayed until the referendum vote in November 2012. 213 Former Democratic Secretary
of State Jennifer Brunner has led a petition drive to do just that. 214 If organizers gather enough
signatures by September 29 to qualify for the referendum in November 2012, none of the bill’s
provisions will go into effect before the referendum. 215 That would mean, among other things, that
Ohio would continue to operate under its old rules for early and absentee voting in 2012.
26 | Brennan Center for Justice