Ohio law limiting disabled voter assistance overturned

(The Center Square) – Ohio disabled voters can ask friends, neighbors and grandchildren to help them cast absentee ballots after a federal court struck down part of a 2023 state law.

House Bill 456 created sweeping voting changes, including the provision that limited who could possess a disabled voter’s absentee ballot. A federal court, however, said the voter can choose who helps them.

The ACLU and ACLU-Ohio sued to stop the provision on behalf of the League of Women Voters of Ohio and Jennifer Kucera in the U.S. District Court of the Northern District of Ohio.

“We applaud the court for upholding the Voting Rights Act because grandkids, roommates, and other common-sense helpers should be able to assist their loved ones without fear of a felony sentence,” said Jen Miller, with the League of Women Voters of Ohio. “Many Ohio voters with disabilities cannot easily travel to the one county drop box while others may struggle to reach their mailbox or seal the ballot envelope. This is a victory for voters.”

The law made it a felony for anyone who is not an election official or mail carrier to possess or return the absentee ballot of a disabled voter unless the person helping the voter fell with a specific relative.

The suit argued many voters with disabilities can’t travel to a polling place or access their mailbox or a drop box. Some also do not have a law-approved relative to help.

The law prohibits neighbors, caregivers or grandchildren from assisting.

“The right to vote in America is sacred,” said Senate Democratic Leader Nickie Antonio, D-Lakewood. “Judge Brennan’s decision affirms that disabled voters have a right to access their ballot like any other. Moving forward, we must continue to prioritize accessible, fair elections for all Ohioans. I urge my colleagues in the Legislature to heed the gravity of this ruling and work toward legislation that strengthens, rather than undermines, the democratic rights of every Ohio voter.”

As previously reported by The Center Square, HB456 also created stricter voter ID requirements, eliminated early in-person voting the Monday before an election and shortened the deadline to apply and cast an absentee ballot.

Those provisions are still in effect.