State v. Jackson

I. Introduction

{¶ 1} In this case, we must determine whether Ohio law precludes, using ballots as evidence of ballot tampering. The appellate court held that the “secret ballot rule” precluded use of the ballots as evidence. We disagree and reverse the judgment of the court of appeals.

II. Statement of the Case

{¶ 2} Pursuant to R.C. 3509.08, which permits election board members to assist physically infirm electors in voting, the Cuyahoga County Board of Elections sent two board employees, Linda Weaver, a Democrat, and appellee John Jackson, a Republican, to help physically infirm residents at…