The Brennan Center for Justice and the Ohio Organizing Collaborative have been pushing Ohio’s Secretary of State since July to confirm voters aren’t being improperly removed from the rolls after updating their address. Now, they’re preparing to file suit against Sec. Frank LaRose if his office doesn’t respond by the end of the day today, Wednesday.

They argue Ohio’s procedures seem as though they violate federal law, and new state provisions seem to confirm those concerns.

Where statutes disagree

The watchdogs’ concerns center on provisions in the National Voter Registration Act of 1993, known colloquially as the Motor Voter law. In addition to requiring state motor vehicle agencies to provide voter registration forms, it sets out guidelines for what happens when a resident updates their address.

Section 5 requires that whenever someone updates their address with the BMV, that change must also serve as notification to update their voter registration. This change is supposed to happen automatically unless the person affirmatively opts out of the process.

“In other words,” the organizations wrote to the Secretary in July, “the NVRA puts the onus on state officials to update the voter’s registration record.”

In the same letter they cite correspondence between the Secretary’s office and state Rep. Elliot Forhan, D-South Euclid, in which LaRose indicated at least some of the individuals getting flagged had moved and updated their driver’s license but failed to update their registration.

The Brennan Center and Ohio Organizing Collaborative argue that’s a fundamental misreading of state agency responsibilities under the Motor Voter law.

“Ohio cannot require registered voters who report a change of address at the BMV to take any additional steps to update their registration, such as filling out additional forms or cancelling the registration at their old address,” their letter insists.

One notable problem, Brennan Center attorney Patrick Berry argued, is Ohio’s DATA Act. The measure was a priority for LaRose early in the current legislative term and it was included as a budget rider last summer. Its primary purpose was to get Ohio’s 88 boards of elections on the same page when it comes to maintaining their voter rolls, but it also carries a provision that could hamper updates under the NVRA.

The statute states registration updates can only happen if a voter files a name or address change, but it also prohibits information obtained from state agencies in the normal course of business from being used to update a voter’s registration address.

Berry worries that presents a conundrum. Is a change of address form getting shared between agencies to keep records up to date as the Motor Voter law requires? Or is it treated as the information collected in the normal course of business that can’t be used to update registrations?

With state law potentially at cross purposes, the organizations warned the Secretary that “removal on the ground that (voters) failed to cancel their registration at their old address would violate the NVRA.”

Additionally, Berry expressed concerns about the BMV change of address form. While it notifies applicants that the information they share will be used for “voter registration purposes,” it’s presented more like a warning than a service. “By signing this form,” it states, “you are consenting to the release of the information provided.”

“We think that that language could be confusing and subject to different interpretations,” Berry argued.

Following that notification, the form includes a box for applicants to opt out of sharing their information, but it also includes a second signature box. In a follow up letter to the Secretary on Monday, the organizations criticized that framing as “facially deceptive” because it seemingly presents the information sharing as something to which a voter must “opt in.”

Are the right people getting flagged?

After an initial review of the voters included in the removal process, Berry noted they found “a handful” who received letters to verify their address well before state officials can actually remove them. That’s not necessarily a problem, but he explained the Motor Voter law established the procedures for removing a voter after they’ve moved.

“Specifically,” he said, “an election official can’t remove a voter based on a change of address unless the voter confirms themselves in writing that they’ve moved, or the voter fails to respond to the notice that’s sent to them and then fails to vote in the next two federal general elections.”

Berry described finding voters in Cuyahoga County scheduled for removal who received confirmation letters in 2021, 2022 or 2024 — too recent to remove them unless the voter responds confirming their move.

After the removals went forward at the end of July, Berry explained one of the voters they identified was removed but the remainder were still on the rolls. The voter who was removed may have returned a confirmation notice, but it’s not clear.

“And we just want to make sure that you know that one voter who was removed was removed properly and in accordance with the National Voter Registration Act,” Berry said.

He noted they also want to know if similarly situated voters are being protected as well.

“As the chief election official,” Berry explained, “Secretary LaRose is required to ensure that the relevant state agencies and election officials, including the Bureau of Motor Vehicles and county boards of elections, are complying with the National Voter Registration Act.”

“And we hope that he responds to our letter by tomorrow, with assurances that they are,” he added. “But if we don’t hear from the Secretary, we won’t hesitate to seek court intervention to protect the rights of Ohio voters.”

Follow OCJ Reporter Nick Evans on Twitter.

When Ohio State coach Ryan Day first floated the idea of Caleb Downs lining up as a running back as well as in the secondary earlier this summer, the suggestion did not surprise the star sophomore safety.  

Downs, who transferred to the school from Alabama in January, took it as a serious possibility.

“I feel like I’m an elite player with the ball in my hands,” Downs said. “I would never not believe in myself to do something. So I definitely believe that’s on the table.”

Reflecting on the prospect of contributing on both sides of the ball Tuesday night following a preseason practice, Downs did not shy away from a potential role as a two-way player for the Buckeyes.

It was something he did in high school two years ago, playing for Mill Creek in Georgia’s highest classification. The Hawks used him in situations as a wildcat quarterback, and he ran for 334 yards and threw for 370 yards as a senior in 2022.

Downs did not log any snaps on offense as a freshman at Alabama, but he touched the ball in another phase, returning four punts, including taking one for 85 yards for a touchdown against Chattanooga.

“I know it would be accelerated because it’s college and everybody’s better,” Downs said, “but I have an idea about it because in high school, I played a lot of plays. I know what it would take.”

More: Caleb Downs could play safety and running back in 2024. Which Ohio State players played both ways?

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Downs has taken notice of Colorado’s Travis Hunter, a fellow All-American who has played both wide receiver and cornerback for the Buffaloes, logging as many as 152 snaps in a game last season.

But Downs laid out a more modest vision for himself if he goes out as a running back with the Buckeyes

“I wouldn’t say every play or anything,” Downs said. “If I played on offense, it would be max, 10 snaps a game.”

Downs’ presence in the offensive backfield could ultimately result from a handful of factors ranging from his playmaking threat to a need that materializes at the position.

The Buckeyes went down to four scholarship backs after Dallan Hayden transferred to Colorado at the end of spring practice. All the remaining backs, which include the decorated tandem of TreVeyon Henderson and Quinshon Judkins, appeared healthy this month, but the season can take a toll.

The possibility hasn’t appeared imminent as the Buckeyes open their season against Akron next week.

At Big Ten media days in July, Day said Downs would focus on safety in preseason training camp, and Downs said he last took a rep as a running back at the end of summer, indicating it was before the start of their preseason practices on Aug. 1.

If he’s touched the ball, it’s either been while picking off a quarterback or as a punt returner.

“I’ve caught a lot of punts,” Downs said. “If they give me the opportunity to do that, I’ll be happy to. If they give it to someone else, I wish them the best, and I’ll be behind them.”

Asked to summarize his mindset when he gets ahold of the ball, Downs was succinct.

“Score,” he said.

Joey Kaufman covers Ohio State football for The Columbus Dispatch. Follow him on X, the platform formerly known as Twitter, @joeyrkaufman or email him at jkaufman@dispatch.com.

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CLEVELAND, Ohio – Cooler weather conditions will continue on Wednesday before temperatures slowly warm as we approach the weekend.

The National Weather Service’s forecast for tomorrow calls for highs in the upper 60s with sunny skies and moderate breezes. Clouds will increase a bit later at night with overnight lows dropping into the low 50s. Thursday will be sunny with highs in the mid 70s.

Cleveland daylight conditions

Cleveland loses 3 minutes of daylight tomorrow.

Cleveland sunrise – 6:42 a.m.

Cleveland sunset – 8:16 p.m.

Extended forecast for Northeast Ohio

Expect Thursday night to be clear and cool with lows in the mid 50s. Friday kicks off the weekend with more sunshine and highs around 80.

Ohio regional radar