DeLaWho? DeLaWhat? DeLaWhere?

Not so good news from NYT:

G.O.P. in Ohio Can Challenge Voters at Polls
By JAMES DAO and ADAM LIPTAK

COLUMBUS, Ohio, Tuesday, Nov. 2 - In a day of see-sawing court rulings, a Federal appeals court ruled early Tuesday morning that the Republican Party could place thousands of people inside polling places to challenge the eligibility of voters, a blow to Democrats who argued those challengers will intimidate minority voters.

The ruling, by the United States Court of Appeals for the Sixth Circuit, in Cincinnati, reversed two lower courts that had blocked the challenges just a day before. It also came as squadrons of lawyers from both parties in Ohio and other swing states from Pennsylvania to Florida to New Mexico were preparing for Election Day skirmishes that will include using arcane laws that allow challenges at the polls.

The lawyer for a pair of Cincinnati civil rights activists who had challenged the Republican plans to challenge voters said he would appeal Tuesday morning's decision to the United State Supreme Court.

But it appeared likely that when Ohio polls open, the Republicans would be able to put 3,500 challengers inside polling places around the state. Democrats also planned to send more than 2,000 monitors to the polls, though they said those people would not challenge voters.

The cases may foreshadow lawsuits that are likely to be filed if the election is close in any state crucial to the Electoral College calculus. Lawyers for both sides are already examining disparities in election policies, nuances in court rulings and potential irregularities at polling places for material that may be used to challenge results in places where margins are paper thin.

The battle over Election Day challenges has been most intense in Ohio, not only because the race here is so close and so vital to President Bush and Senator John Kerry, but also because the Republican Party has announced larger and more aggressive plans to challenge voters here than in other states.

The Republicans contend that challenging - a practice that has been allowed under state law for decades but rarely used - will weed out fraud often missed by election workers. Democrats assert that the challenges would disproportionately single out low-income and minority voters, which Republicans deny.

In their separate rulings in the lower courts, Judge Susan J. Dlott of Federal District Court in Cincinnati and Judge John R. Adams in Akron agreed that procedures already existed to prevent fraud at the voting place. And they said aggressive, time-consuming challenges inside polling stations might create chaos and delays that could intimidate voters or rob them of the chance to vote.

In seeking the delicate balance between preventing fraud and upholding voting rights, the judges said, the scales should tip toward voting rights.

"Voter intimidation severely burdens the right to vote, and prevention of such intimidation is a compelling state interest," wrote Judge Dlott, who was appointed by President Bill Clinton. Judge Adams was appointed by President Bush.

Mark Weaver, counsel to the state's Republican Party, said: "The goal of the Ohio Republican Party is to guarantee a fair election for everyone. Each time the Democrats remove an additional safeguard, the potential for voter fraud increases."

Mr. Weaver argued that even if voters had been successfully challenged at the polls, they would have been allowed to cast provisional ballots, which are reviewed after Election Day to ensure that the voter is eligible. Democrats and many experts in election law say the rules for counting provisional ballots are varied and unclear, which could lead to valid ballots being rejected.

The Ohio Republicans have repeatedly argued that the Democratic Party and allied groups have engaged in widespread fraud. On Monday, they filed a motion in state court asserting that the Democrats and an independent group, America Coming Together, which supports Senator Kerry, have been contacting Republicans and giving them incorrect information about polling locations and other Election Day issues.

Democrats and the group denied the assertion.