Early voting hours have been set in Butler County for the weekend prior to the Nov. 6 election, despite two Republican board of elections members leaving the room prior to the vote to approve.

After two hours of discussion that seemed split along party lines, the four-member Butler County Board of Elections voted, 2-0, Friday for the following hours: 8:30 a.m. to 4:30 p.m. on Nov. 3 and Nov. 4 and 8:30 a.m. to 3 p.m. on Nov. 5.

Democratic board members Bruce Carter and Frank Cloud voted to approved the hours, but Republican board members, Tom Ellis and Judy Shelton, who were present at the beginning of the meeting, left before the vote was taken.

Shelton asked to be excused for an appointment and Ellis left the room on his cell phone after his request to get an legal opinion from the elections board’s attorney was denied. Shelton said she favored extending hours on Friday, Nov. 2, but not Saturday, Sunday and Monday. The Republicans also expressed their concerns about the stress placed on staff if there were a large turnout as in 2008.

The board members were advised by counsel that walking out on the vote was the equivalent of an abstention. A split vote, 2-2, would likely have sent the matter to Secretary of State Jon Husted for his review.

“I thought it was prudent to hear from our counsel before voting,” Ellis said.

What happened in Butler County Friday could foreshadow the actions of other boards of elections around the state.

On Tuesday, Husted set a letter to all boards of elections stating his office was “accepting recommendations from county boards of elections as to the hours and days best for their local administration of the election before establishing uniform days and hours for in-person absentee vote …. I would prefer your recommendations come with bipartisan support when possible.”

Last month, a U.S. Court of Appeals reinstated in-person early voting in Ohio on the three days before the election ruling a 2011 Ohio law violates the equal protection clause of the U.S. Constitution’s 14th amendment. That law allowed in-person early voting on the three days prior to the election for military and overseas voters only.

Carter, an attorney, said it is his opinion the Sixth Circuit granted local county boards of election discretion to determine what, if any, early voting hours they will have on the three days prior to the election. But Shelton and Ellis were not sure and wanted to wait until they had advise from the board’s counsel.

“I my opinion he (Husted) was asking for an opinion. That was my interpretation,” Shelton said, noting she had to leave the meeting for a family member’s doctor’s appointment. “I still intend to send my opinion to the secretary of state.”

She noted it is also a possibility Husted will set uniform hours yet this month, so no action had to be taken on Friday.

“The voters of Butler county and all over the state are already confused. I think the hours were set prematurely,” Shelton said.

Ellis said he left the meeting to try to reach Butler County Prosecutor Michael Gmoser or Assistant Prosecutor Roger Gates, but was unable to do so. He then “hung around” the lobby and went to the restroom.

Director Lynn Kinkaid later called him and told him a vote had been taken. Kinkaid was sent by the remaining board members to find Ellis, but had no success.

Assistant Director Jocelyn Bucaro said it is her opinion the staff is adequate, noting technology had made the early voting process much more streamline than in 2008. The board did vote to have some workers on stand by if needed.

“It is about what is best for the voters,” Cloud said, referring to the extended hours.