Relatives and friends delivering ballots for voters with disabilities should be allowed to use drop boxes, according to a lawsuit filed Sept. 27 by the Ohio Democratic Party and two voters.
The lawsuit challenges a new directive from Ohio Secretary of State Frank LaRose, which requires relatives delivering ballots to sign a form inside a county boards of elections office during operating hours. This prevents them from using drop boxes stationed outside county boards of elections.
Last week, LaRose’s office clarified that boards of elections were “highly encouraged” to create a drive-through ballot drop-off option, especially during high turnout times. This option must be staffed by at least one Republican and one Democrat, making it unlikely that the service will be offered 24 hours a day, according to the lawsuit.
Seeks to void drop boxes form, allow designated ballot deliverers
Attorneys asked the Ohio Supreme Court to order LaRose to rescind his directive. That would eliminate the form required for those dropping off ballots for others and allow designated ballot deliverers to use drop boxes.
They contend that LaRose’s rules violate state and federal laws and make it harder to vote.
“Absentee voters and their assistants face new hurdles to voting,” wrote Ohio attorney Don McTigue and two lawyers with the Elias Law Group. “And all voters will be subjected to longer lines and wait times at their board of elections offices.
In a social media post, LaRose said the lawsuit wasn’t about enforcing the law. “This is about trying to give the Democrat Party an advantage. I will continue to enforce the law on behalf of all Ohioans, so we’ll see you in court.”
His spokesman Dan Lusheck called the lawsuit a “shameless, last-minute activist effort to weaken these important protections against ballot harvesting.”
Named plaintiffs
The two voters who filed the lawsuit are Norman Wernet and Eric Duffy. Wernet planned to deliver ballots for himself and his wife to the Franklin County Board of Elections dropbox. His wife has early-stage dementia and walking into the board of elections would be “taxing on his time and his health.”
Duffy is blind and was recently released from the hospital. He planned to have a friend deliver his ballot in person to the drop box. His friend has difficulty walking and standing in line for extended periods, which could make waiting to fill out the attestation form difficult.
The Ohio Supreme Court is composed of four Republican and three Democratic justices. It’s not yet clear when they would rule on this lawsuit. Early voting begins Oct. 8.
Jessie Balmert covers state government and politics for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
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