A voter drops off his ballot at a drop box at the Cuyahoga County Board of Elections in Cleveland.
Tribune News Service
CLEVELAND, Ohio— A federal judge late Monday struck down an Ohio law that made it a felony for someone other than a postal worker or close relative to handle a disabled person’s absentee ballot.
U.S. District Judge Bridget Brennan ruled that federal election law supersedes the state law enacted in April 2023. She also ruled prosecutors could not criminally charge someone for dropping off a disabled person’s absentee ballot.
The ACLU of Ohio filed the lawsuit last year on behalf of the League of Women Voters, arguing that the law disenfranchises people with disabilities from having equal access to cast absentee ballots. The U.S. Department of Justice intervened in the lawsuit in June and argued on the plaintiff’s behalf that Ohio’s laws ran afoul of federal statutes.
ACLU of Ohio’s legal director, Freda Levenson, called the ruling a “win for democracy.”
“We are thrilled that the court ordered the state to stop denying Ohioans with disabilities the opportunity to cast their ballots via assistance from a trusted person of their choice,” Levenson said. “This is the correct reading of the Voting Rights Act and a validating decision for Ohio voters.”
Ohio Attorney General Dave Yost, Secretary of State Frank LaRose and other state officials were named as defendants. The Republic National Committee and Ohio Republican Party also filed opposition in the case.
LaRose spokesman Ben Kindel said in a statement that his office “obviously disagree[s]” with the ruling and that it is consulting with Yost’s office on whether or not to appeal.
“This is a challenge to a law passed by the General Assembly, which has the exclusive authority to set the rules of Ohio’s elections, so they’ll likely be considering the court’s ruling here, as well,” Kindel’s statement said.
Ohio’s law limited those who could handle a mail-in ballot to a person’s parents, siblings, spouses, step-parents and aunts and uncles. It also made it a fourth-degree felony, which carries a maximum sentence of 18 months in prison, if someone violates the law.
Republicans passed the law over concerns about a practice called “ballot harvesting,” where third-party groups collect ballots and drop them off at mailboxes or elections offices. Ballot harvesting was already illegal in Ohio before the law was enacted, but the new law put greater restrictions on who could drop off ballots on behalf of someone else.
Brennan, however, said that federal law is clear, and any questions about election integrity and policy should be in the hands of Congress, not the courts.
She wrote that a section of the Voting Rights Act, which allowed disabled voters to use a person of their choice to help them with an absentee ballot, preempts the state law.
“Section 208 unambiguously recognizes that disabled voters have a right to choose their own facilitator,” Brennan wrote. “The challenged Ohio law directly contravenes that mandate.”
The lawsuit was filed on behalf of Berea resident Jennifer Kucera, who has muscular dystrophy, rendering her unable to drive. She has no outgoing mailbox at her apartment, and her mother lives about 30 minutes away and has her own health issues.
“We applaud the court for upholding the Voting Rights Act because grandkids, roommates and other common-sense helpers should be able to assist their loved ones without fear of a felony sentence,” League of Women Voters Executive Director Jen Miller said.
“Many Ohio voters with disabilities cannot easily travel to the one county dropbox while others may struggle to reach their mailbox or seal the ballot envelope. This is a victory for voters.”
