Election law violates rights of voters with disabilities in Ohio, judge rules

A federal judge in Ohio struck down parts of Ohio’s 2023 election law changes, ruling on Monday the law violates the rights of voters with disabilities in the state.

The League of Women Voters of Ohio — a grassroots voter organization — brought the suit challenging the law, which prohibited anyone but a few qualifying family members from assisting voters with disabilities in delivering or mailing their absentee ballots.

The law, which went into effect April 2023, barred anyone who is not an election official or mail carrier from possessing or returning the absentee ballot for voters with disabilities, with the exception of those family members.

Judge Bridget Meehan Brennan, in a ruling Monday, pointed to Section 208 of the Voting Rights Act, stating it allows a disabled voter “to select a person of their choice to assist them with voting,” including the return of a ballot.

Brennan ruled federal election law supersedes Ohio’s law and ordered that the 2023 law no longer be enforced.

The plaintiffs argued that many voters with disabilities may be unable to travel to their polling place or access their mailbox or drop box, and do not have nearby relatives on the authorized list to help them do so.

Authorized family members included the voter’s spouse, parents, in-law parents, grandparents, siblings, adopted parents or children, stepparents, aunts, uncles, nieces or nephews. It did not include other potential helpers for those with disabilities, including roommates, professional caregivers or grandchildren

“HB 458 prohibited such voters with disabilities from turning to other trusted people in their lives to assist them, including their professional caregivers, their neighbors, and even their own grandchildren,” the League of Women Voters of Ohio wrote in a statement.

Republicans in favor of the law said the provisions were put in place to ensure election integrity and boost voter confidence. It came amid persistent GOP concerns regarding election fairness as former President Trump and his Republican allies have continued to falsely claim the 2020 election was fraudulent and stolen from him.

The case was brought against the Ohio Secretary of State’s Office, which pushed back on the ruling Tuesday.

“We obviously disagree with the decision, and we’ll be consulting with our counsel, the attorney general, on next steps. 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,” Ben Kindel, media relations and press secretary for State Secretary Frank LaRose (R), told The Hill.

The Hill reached out to the Republican National Committee, which was also listed as a defendant in the case.

Freda Levenson, ACLU of Ohio legal director, celebrated the ruling, calling it 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 wrote.