COLUMBUS, Ohio — A federal court has struck down restrictions in Ohio House Bill 458 that made it a crime for anyone but a "handful" of family members to assist voters with disabilities in casting absentee ballots.
The American Civil Liberties Union of Ohio challenged the restrictions on behalf of the League of Women Voters of Ohio and voter Jennifer Kucera.
The court ruled Monday that Section 208 of the Voting Rights Act allows voters with disabilities to "select a person of their choice to assist them with voting." That includes the return of the voter's absentee ballot, ACLU of Ohio said.
HB 458 went into law in April 2023, making it a felony for anyone who is not an election official or mail carrier to possess or return the absentee ballot of voters with disabilities unless the person assisting falls under a list of "statutorily enumerated relatives."
ACLU said that many voters with disabilities who are unable to travel to their polling location are also not able to access their mailbox or a drop box location. They also said not all of these voters have an "approved" relative to mail or drop off their ballot.
“This is 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," Freda Levenson, ACLU of Ohio legal director said. "This is the correct reading of the Voting Rights Act and a validating decision for Ohio voters.”
“Across the country, we are seeing anti-voter legislatures attack voters with disabilities and the people who seek to assist them with their ballots," Caren Short, League of Women Voters of the United States director of legal and research said. "We commend the court's decision to stop this law that clearly violates the Voting Rights Act. The League will always fight to support voters and their access to vote and have their voice heard.”
The full court ruling can be read here.