A federal court in Ohio invalidated a portion of a state law that restricts the individuals who can aid a disabled voter in casting an absentee ballot.
On Monday, Judge Bridget Meehan Brennan of the U.S. District Court declared a permanent injunction on Ohio’s HB 458. The ruling came as a result of the law’s conflict with the federal Voting Rights Act of 1965, making it unenforceable.
According to the Ohio bill, it is now considered a felony for individuals who are not election officials or mail carriers to possess or return absentee ballots of disabled voters, unless they are specifically listed as a relative allowed to do so.
Ms. Kucera’s federally guaranteed rights are being infringed upon by HB 458, as per Brennan’s ruling. This, in turn, infringes upon her fundamental right to vote.
Ohio voters with disabilities can now choose their own assistant for voting, thanks to a recent ruling. This means that they are no longer required to rely on a predetermined list of individuals to help them cast their vote. The ruling ensures that Ohio voters with disabilities have the freedom to select a trusted person of their choice to assist them with the voting process.
Ohio’s HB 458 bill placed restrictions on disabled voters, allowing only family members such as a spouse, parent, in-law, grandparents, children, or sibling to provide assistance during voting. Any aid from outside this small family circle was considered a felony. Additionally, the bill tightened photo ID requirements, shortened the time for absentee ballot applications, and limited the number of drop-off boxes to one per county in all 88 Ohio counties.
The American Civil Liberties Union filed a lawsuit on behalf of Ohio’s League of Women Voters and Jennifer Kucera, a Republican voter from Berea. Kucera required a caregiver to assist her in completing and returning an absentee ballot, instead of relying on a specific family member, which was in violation of a law implemented in April of last year by Republican Governor Mike DeWine.
According to Brennan, federal law mandates that an individual with a disability can select someone else “of their choice” to assist them in the voting procedure, which also covers the submission of an absentee ballot.
In a statement, Jen Miller, Executive Director of the League of Women Voters of Ohio, expressed her appreciation for the court’s decision to uphold the Voting Rights Act. Miller believes that individuals such as grandkids, roommates, and other common-sense helpers should not have to fear a felony sentence when assisting their loved ones.
According to the judge’s statement, individuals, including LWVO members, could face a fourth-degree felony charge for assisting a disabled voter in returning their absentee ballot.
Her concern lies in the fact that if Ohio, or any other state, has the power to limit and determine the definition of “a person,” then the inclusion of the phrase “of the voters choice” becomes either irrelevant or completely meaningless.
According to Congress, the identity of the unspecified person in question is “a person of the voter’s choice.” However, state defendants and intervenors are attempting to avoid this definition set forth by Congress.
Ohio’s Republican Secretary of State is set to complete the state’s voter registration roll audit soon. The audit has identified approximately 159,000 Ohio voters who have been classified as “inactive” due to their failure to vote or update their information over a six-year period that includes 12 elections held biennially. These voters are expected to be “purged” from the registration roll.
