As another result of the ordinance O.R.C. 3501.35, the media has sued Secretary of State Blackwell for access to the polls.

O.R.C 3501.35

[…]prohibits loitering near polls, proscribes any person, not “an election official, employee, witness, challenger, or police officer,” from entering “the polling place during the election, except for the purpose of voting.” That section also states that, “no person shall loiter or congregate within the area between the polling place and the small flags of the United States placed on thoroughfares and walkways leading to the polling place…” This section of Ohio law has never been interpreted in such a way as to prohibit reporters and photographers from entering polls to report upon events therein or to take photographs.

Original PDFs here.

Come now the plantiffs, Beacon Journal Publishing Company (“Beacon Journal”) and M. Charlene Nevada (“Nevada”), by and through their undersigned counsel, and for their Complaint against the Defendents in this action, respectfully aver as follows:

Nature of Action:
1. This civil action arises from the unconstitutional and unlawful directive by Ohio Secretary of State J. Kenneth Blackwell to deprive citizens, and particularly news reporters and photographers, from their constitutional rights and responsibilities to observe, report upon and photograph activities at polling places throughout Ohio on Election Day, November 2, 2004. The Complaint seeks permanent and preliminary injunctive relief and compensatory damages under 42 U.S.C. 1983 and for attorneys fees under 42 U.S.C. 1988. Moreover, the Complaint seeks declaratory relief under the Federal Declaratory Judgement Act.

This was filed Monday - it may not be decided upon until the polls are already open.

More as it develops.

Cross posted here.