Ohio election law violates rights of voters with disabilities, federal judge says

Ohio's election law violates the rights of people with disabilities who rely on caregivers or family members to return their absentee ballots, a federal judge ruled Monday.

The decision came down in a lawsuit that challenged a rule allowing only certain family members to help relatives who are hospitalized or homebound because of an illness or disability. While the list includes spouses, parents, siblings and grandparents, the state does not allow grandchildren or caretakers to handle another person's absentee ballot.

U.S. District Judge Bridget Meehan Brennan said that violates the federal Voting Rights Act, which allows voters with disabilities to get help from anyone except their employer or union representative. Her decision means Ohio's law can no longer be enforced.

"We are grateful to 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," said Jen Miller, executive director of the League of Women Voters of Ohio. "Many Ohio voters with disabilities cannot easily travel to the one county drop box, while others may struggle to reach their mailbox or seal the ballot envelope. This is a victory for voters."

The League sued over the policy late last year, months after Gov. Mike DeWine signed one of the strictest voter ID laws in the country as part of sweeping changes to Ohio's election system.

The new election law didn't change the list of relatives, and it was already a felony for anyone not on the list to possess someone else’s absentee ballot. But the updated statute also makes it a felony to return one. Brennan said that could subject groups like the League to criminal penalties for helping voters with their ballots.

Republicans say Ohio's law is designed to police ballot collection − known disparagingly as ballot harvesting − which became a point of contention during the 2020 election. The Republican National Committee and Ohio Republican Party intervened in the lawsuit, saying they have a "substantial interest in preventing changes to the 'competitive environment' of elections."

Thirty-five states allow someone else to return a voter's absentee ballot, according to the National Conference of State Legislatures. Some limit it to family members, while others permit caregivers or anyone chosen by the voter to do so.

"We obviously disagree with the decision, and we’ll be consulting with our counsel, the attorney general, on next steps," said Ben Kindel, spokesman for Secretary of State Frank LaRose. "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."

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio law violates rights of voters with disabilities, judge says