ODP and Ohio Voters File Lawsuit to Protect all Ohioans’ Right to Vote at Drop Boxes

ODP and Ohio Voters File Lawsuit to Protect all Ohioans' Right to Vote at Drop Boxes

September 27, 2024

Today, the Ohio Democratic Party and Ohio voters are filing a lawsuit with the Supreme Court of Ohio to protect the legal right of all Ohioans' to return their ballots at drop boxes.

The lawsuit is in response to an illegal directive issued by Secretary of State Frank LaRose that would ban the use of drop boxes by individuals returning a ballot on behalf of an immediate family member or a disabled voter - violating Ohio statute, the Ohio Constitution, and the federal Voting Rights Act.

Ohio law allows any absentee voter to return their ballot at their county dropbox and allows a voter's immediate family member to return their ballot on their behalf. The federal Voting Rights Act also protects the right of Disabled voters to use an assistant to return their absentee ballot.

"Frank LaRose's illegal attempt to deprive Ohioans of their right to return their ballot at a drop box with assistance is in violation of both Ohio and federal law. The Ohio Democratic Party alongside Ohioans impacted by LaRose's illegal directive are taking every action necessary to protect the constitutional right of every Ohioan to participate in our democracy," said Ohio Democratic Party Chair Liz Walters.

Key points from the lawsuit:

• "Pursuant to statute duly adopted by the General Assembly, Ohio has long allowed authorized family members to return an absent voter's ballot to the county board of elections office on their behalf. See R.C. 3509.05(C)(1). Ohio law has never required such family members to complete any form of attestation before delivering the ballot."

• "Section 208 of the Voting Rights Act provides: 'Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.'"

• [LaRose's] "Directive violates the Ohio Constitution by depriving voters with disabilities and voters who rely on a designated family member to return their ballots for them via drop box of equal protection of the laws, because it has created a situation where Ohio's boards of elections will permit certain voters to vote by delivering their ballot via drop box while prohibiting others from doing so."
  
• [LaRose's] "Directive violates Section 208 of the Voting Rights Act because it prevents voters with disabilities from receiving assistance from "a person of the voter's choice."
  
• "In response to a federal court simply ordering him to comply with the federal Voting Rights Act's protections for voters with disabilities, Secretary LaRose has taken it upon himself to instead attempt to rewrite the statute governing return of absentee ballots."

Full filing can be found here: https://www.supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=970694.pdf&subdirectory=2024-1361\DocketItems&source=DL_Clerk

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