Federal court blocks new Ohio elections law affecting voters who have disabilities

From the Ohio Developmental Disabilities Council | ddc.ohio.gov

Federal court blocks new Ohio elections law affecting voters who have disabilities Judge states the law violates the federal Voting Rights Act

On July 22, 2024, the U.S. District Court Northern District of Ohio issued an injunction preventing Ohio from enforcing part of its election reform law which passed last year. U.S. District Judge Bridget Meehan Brennan’s decision cited violation of the federal Voting Rights Act, which allows voters with disabilities to get help from anyone except their employer or union representative when submitting their absentee ballot. Her decision means Ohio’s law, which went into effect in April 2023, can no longer be enforced. The Ohio League of Women Voters filed the suit against the Ohio law with concerns that many who would ordinarily assist a voter with disabilities with an absentee ballot, such as caregivers or family members, could have faced a harsh penalty.  “Grandkids, in-laws, neighbors, roommates, caregivers and other common-sense helpers could be charged with a felony if they assist a voter with disabilities. Our argument was that this violates the National Voting Rights Act, that indeed a voter with a disability can choose their helper,” said Jen Miller, executive director of the Ohio League of Women Voters in an interview with the Statehouse News Bureau.  “The Ohio DD Council celebrates the federal court’s decision to overturn Ohio’s restrictive absentee ballot provisions, which unjustly burdened voters with disabilities and their caregivers,” said Carolyn Knight, executive director of the Ohio DD Council. “Ohio DD Council chair Jennifer Kucera’s leadership as plaintiff in this lawsuit underscores her commitment to defending the rights of individuals with disabilities.” Ohio Secretary of State Frank LaRose’s office issued a statement in disagreement with the decision. The state could appeal this ruling, although that decision has not been made yet.

This project is supported by the Ohio Developmental Disabilities Council, under grant number 2301OHSCDD from the Administration for Community Living (ACL), U.S. Department of Health and Human Services (HHS), as part of a financial assistance award totaling $2,846,720 with 96% funded by ACL/HHS and 4% funded by the State of Ohio. Grantees undertaking projects with government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not, therefore, necessarily represent the official views of, nor an endorsement, by ACL/HHS, or the U.S. Government.