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Ohio Supreme Court upholds limits on who can put ballots in drop boxes
Columbus DispatchA divided Ohio Supreme Court ruled that individuals can't use drop boxes when delivering ballots for voters with disabilities. Instead, they must go inside the county board of elections and fill out a form.
The Ohio Democratic Party and two voters filed a lawsuit challenging Ohio Secretary of State Frank LaRose's directive that required individuals delivering ballots for voters with disabilities to fill out a form at a county board of elections during business hours. This rule prevented them from using drop boxes stationed outside the county boards of elections.
LaRose's directive came after a federal judge ruled in July that Ohio's election law violated the rights of people with disabilities by limiting who could drop off their ballots. LaRose said the rules are needed to prevent ballot harvesting, which is when a third party collects and returns multiple ballots.
Democrats argued that LaRose's rule made it harder for individuals with disabilities to vote by removing the drop box option. But the Ohio Supreme Court, in a 4-3 decision, ruled that Democrats waited too long to make their legal argument.
"As a general matter, courts should refrain from ordering changes to the rules governing elections during or close to the start of an election," according to the majority's opinion, joined by Chief Justice Sharon Kennedy, Justices Pat Fischer and Pat DeWine and Judge Stephen Powell, of the Twelfth District Court of Appeals.
The Ohio Democratic Party and two voters filed a lawsuit challenging Ohio Secretary of State Frank LaRose's directive that required individuals delivering ballots for voters with disabilities to fill out a form at a county board of elections during business hours. This rule prevented them from using drop boxes stationed outside the county boards of elections.
LaRose's directive came after a federal judge ruled in July that Ohio's election law violated the rights of people with disabilities by limiting who could drop off their ballots. LaRose said the rules are needed to prevent ballot harvesting, which is when a third party collects and returns multiple ballots.
Democrats argued that LaRose's rule made it harder for individuals with disabilities to vote by removing the drop box option. But the Ohio Supreme Court, in a 4-3 decision, ruled that Democrats waited too long to make their legal argument.
"As a general matter, courts should refrain from ordering changes to the rules governing elections during or close to the start of an election," according to the majority's opinion, joined by Chief Justice Sharon Kennedy, Justices Pat Fischer and Pat DeWine and Judge Stephen Powell, of the Twelfth District Court of Appeals.