Our Common Good

A federal judge on Wednesday angrily demanded that attorneys for Ohio’s elections chief name the author of an election-eve order that placed the responsibility of explaining what kind of identification voters use on provisional ballots on the voters themselves.

U.S. District Court Judge Algenon Marbley’s voice rose nearly to a shout at times as he asked attorneys what research the Ohio Secretary of State’s office had done before issuing Friday’s after-hours order.

"You have a lot of explaining to do," Marbley told assistant Ohio attorney general Aaron Epstein at a hearing in Columbus the morning after the election. A few minutes later, he demanded that Epstein and other state attorneys explain the rationale behind the order.

"Show me the facts that the secretary used to make the decision to change this directive at 7 o’clock on a Friday night on the eve of an election," Marbley said. "I want to see it, and I want to see it now."

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