Ohio judge partially tosses law restricting who can return absentee ballots for disabled voters

An Ohio federal judge partially struck down a state law restricting who can return absentee ballots for disabled voters, ruling that it violated the Voting Rights Act.

On Monday, U.S. District Judge Bridget Meehan Brennan ruled that a 2023 Ohio law violated Section 208 of the Voting Rights Act, which allows a disabled voter “to select a person of their choice to assist them with voting,” including returning a ballot, The Hill reported.

The League of Women Voters of Ohio brought the lawsuit against Ohio Secretary of State Frank LaRose (R) in December. The Republican National Committee is an intervenor-defendant in the lawsuit.

“HB 458 prohibited such voters with disabilities from turning to other trusted people in their lives to assist them, including their professional caregivers, their neighbors, and even their own grandchildren,” the League of Women Voters of Ohio said in a statement.

The law took effect in April 2023 and prohibited anyone who is not a mail carrier or an election official from possessing or returning absentee ballots for disabled voters, besides certain family members. Relatives who could return the absentee ballots included the disabled voter's spouse, parents, grandparents, siblings, in-law parents, adopted parents or stepparents, children, aunts, uncles, nieces or nephews.

There were no provisions for other possible helpers such as grandchildren, roommates, or professional caregivers.

“We obviously disagree with the decision, and we’ll be consulting with our counsel, the attorney general, on next steps. This is a challenge to a law passed by the General Assembly, which has the exclusive authority to set the rules of Ohio’s elections, so they’ll likely be considering the court’s ruling here as well,” LaRose press secretary Ben Kindel told The Hill on Tuesday.