Republican majority on Ohio Supreme Court upholds order limiting who can use ballot boxes

Voters cannot help other voters by dropping off their ballots in a secure drop box. That order by Republican Secretary of State Frank Larose was upheld by the Ohio Supreme Court, in a ruling that minority Democrats called “little more than voter intimidation.”

The ruling means people who help voters, typically family members of disabled or elderly Ohioans, will have to sign paperwork with boards of elections offices indicating they are authorized to cast ballots.

The majority opinion was joined by Chief Justice Sharon Kennedy, Justices Pat DeWine and Pat Fischer, and Judge Stephen Powell of the Twelfth District Court of Appeal, sitting for Judge Joe Deters. In its ruling, the court said the lawsuit, filed Sept. 27 over LaRose’s Aug. 31 directive, was too late to avoid impacting early voting. Military and overseas ballots were sent out on September 21, and early voting began on October 8.

The Republican opinion stated: “As a result of the relatives’ delay in filing their complaint, if we were to grant a subpoena, the county clerk and boards of elections would suffer significant harm and our order would change the procedures of an election which has already started. “.

The majority did not examine the merits of the case.

The Democrats decided on the majority opinion

Democratic Judge Jennifer Brunner wrote that LaRose “exceeded” his directive and added: “Regardless of the intentions that accompanied the Secretary’s actions, the result is harmful and repugnant to free, fair, open and honest elections.” »

The dissenting opinion of two appeals court judges sitting for the court’s two other Democrats was even more strongly worded. First District Court of Appeal Judge Pierre Bergeron and Fifth District Court of Appeal Judge William Hoffman wrote that the directive is “a sleight of hand that should make our citizens shudder” and “a affront to personal dignity. Their dissent concluded that the directive and decision “sends the message that marginalized citizens can safely be relegated to the margins of our democracy.”

“I’m concerned that this directive will intimidate voters, but it will also be very difficult for election boards to implement,” said Jen Miller, executive director of the League of Women Voters of Ohio. “That means we’re going to have much longer lines and they’re going to have a harder time answering the phones and answering other questions from voters.

Miller said that means more work for election workers and potentially long lines, and with the directive issued Aug. 31, it was impossible to take legal action sooner.

“Let’s be clear: Limiting the use of drop boxes does not make our elections more secure. It simply places an undue burden on election officials and voters,” Miller said.

Secretary of State Frank LaRose said in a written statement: “I am grateful that the court has allowed us to continue our efforts to protect the integrity of Ohio’s elections. Political activists have once again attempted to dismantle the safeguards we have put in place, including in this case against ballot harvesting, and they have been rejected. This is the same policy that has been used successfully in other states, and it is designed to protect both individuals and election officials from accusations of illegal voting. The court’s decision should strengthen Ohio voters’ confidence in the security, honesty, and accountability of our elections.

The League of Women Voters of Ohio has filed a lawsuit over a law signed last year limiting who can help Ohio voters with disabilities. She was suspended by a federal court in July.