ACLU Sues Over Ohio Voting Law, Saying It Violates Federal Disability Law
The American Civil Liberties Union (ACLU) filed a lawsuit on Tuesday alleging that an Ohio voting law provision criminalizes voter assistance and violates federal disability law.
The lawsuit was filed by the ACLU, the ACLU of Ohio and the Covington & Burling law firm on behalf of a disabled voter and the League of Women Voters of Ohio, and claims that a provision in Ohio’s HB 458 restricting who can legally help disabled voter’s return their absentee ballot “creates an unlawful burden on the right to vote for many people with disabilities.”
Under the law, which took effect in April, only election workers, mail carriers and people who fall within a limited list of family members are authorized to possess or return a disabled voter’s absentee ballot.
Anyone who falls outside of these categories — such as adult grandchildren, domestic partners, cousins, roommates, caregivers, neighbors or friends ― risks criminal prosecution if they violate the law.
The voting rights and civil liberties groups, as well as the disabled voter, are calling on the U.S. District Court for the Northern District of Ohio to strike down the restrictions prohibiting voting assistance from non-family members, and ensure they won’t face criminal prosecution for possessing or returning a disabled voter’s ballot.
According to the lawsuit, many disabled people vote by mail or drop box, and require the assistance of others, which is permitted under the Voters Rights Act of 1965. But the provision places restrictions on who is legally allowed to help them.
The suit points out that many disabled voters rely on in-home caregivers or staff members at nursing homes and other group facilities for assistance in facets of their day-to-day life, and might not have or live near any family members who are authorized by the provision to assist with voting.
“Ohioans with disabilities often rely on support from their communities to ensure their voices are heard in elections,” Jen Miller, executive director for the League of Women Voters of Ohio, said in a statement. “To make it a crime to help your grandparent or neighbor exercise their right to vote is antithetical to democracy. The League is proud to assist voters who need assistance voting, and we will fight to ensure that voter assistance remains legal in Ohio.”
And under this law, disabled voters wouldn’t legally be allowed to have their non-familial people in their lives, such as caregivers or neighbors, return their ballot for them, forcing them to either “undertake extreme burdens to vote that voters without disabilities will never face” or not vote at all.
This was the case for plaintiff Jennifer Kucera, an Ohio resident with muscular dystrophy who struggled to vote in two recent state elections this year because of the restrictions.
The lawsuit describes how Kucera had to ask her elderly mother, who has mobility issues herself and does not live nearby, to drive to her house, fold and seal the ballot for her, and deposit it in the mailbox, since Kucera legally couldn’t ask her in-home professional caregiver for assistance.
“Under the current laws, I am not allowed to complete my civic duty of voting if for any reason my mom is unable to help me vote, even though my caregivers would be available to help me. This must change,” Kucera said in a statement.
The suit alleges the provision “disenfranchises many Ohioans with disabilities and excludes them from participation in the exercise of their fundamental and precious right to vote.”
“By unjustifiably restricting who is legally permitted to help League members with disabilities vote, the Assistance Restrictions have excluded and will continue to exclude these members from participating in Ohio’s absentee voting program on an equal basis with their peers who do not have disabilities,” the suit reads.
The lawsuit also alleges that the law conflicts with the Voters Rights Act, which states that any voter who needs help voting because of “blindness, disability or inability to read or write” may be given assistance by a person of their choice, and violates Title II of the Americans with Disabilities Act (ADA) by excluding disabled Ohio voters from “participating in and denying the benefits of Ohio’s absentee voting services, programs, and activities.”
In April, the League wrote a letter to the Ohio Secretary of State Frank LaRose asking for clarification on how the provision would be enforced and what would constitute an “illegal” return of a ballot, as well as other questions that arose from other parts of the voting law.
In response, LaRose’s office indicated that criminal liability would be determined by county prosecutors.
The Ohio law reflects barriers that disabled voters across the country have faced for years, including inaccessible voting stations and voter suppression laws.
Data shows that, despite expanded access to mail-in ballots at the start of the COVID-19 pandemic, 11% of disabled voters reported having difficulty casting a ballot in 2020. Voting challenges were amplified as many states passed restrictive voter suppression laws. In 2021, over 400 provisions restricting voting access were introduced in 49 states across the country.
