The American Civil Liberties Union (ACLU) has filed a lawsuit on Tuesday, alleging that a provision within Ohio’s voting law criminalizes voter assistance and violates federal disability law. The lawsuit, brought forth by the ACLU, ACLU of Ohio, and the Covington & Burling law firm, represents a disabled voter and the League of Women Voters of Ohio.
The specific provision under scrutiny is part of Ohio’s HB 458, which restricts who can legally assist disabled voters in returning their absentee ballots. The ACLU contends that this provision imposes an unlawful burden on the right to vote for many people with disabilities. According to the law, only election workers, mail carriers, and specific family members are authorized to possess or return a disabled voter’s absentee ballot.
Individuals falling outside these categories, such as adult grandchildren, domestic partners, cousins, roommates, caregivers, neighbors, or friends, risk criminal prosecution for violating the law. The lawsuit calls on the U.S. District Court for the Northern District of Ohio to strike down these restrictions, ensuring that non-family members assisting disabled voters won’t face criminal prosecution for possessing or returning a ballot.
The legal challenge argues that many disabled voters, who often vote by mail or dropbox, require assistance from others, a practice allowed under the Voters Rights Act of 1965. However, the provision in question places limitations on who is legally permitted to help them. Disabled voters who rely on in-home caregivers or staff members at facilities may not have or live near family members authorized by the provision to assist with voting.
Jen Miller, executive director for the League of Women Voters of Ohio, emphasized the importance of community support for Ohioans with disabilities in exercising their right to vote. The lawsuit aims to ensure that voter assistance remains legal in Ohio, challenging the criminalization of helping individuals like grandparents or neighbors cast their votes.
Ohio’s voting law is facing a legal challenge as the American Civil Liberties Union (ACLU) filed a lawsuit alleging that a provision in the law criminalizes voter assistance, particularly for disabled individuals, and violates federal disability law. The ACLU, along with the ACLU of Ohio and the Covington & Burling law firm, filed the lawsuit on behalf of a disabled voter and the League of Women Voters of Ohio.
The specific provision in question is part of Ohio’s HB 458, and it limits who can legally assist disabled voters in returning their absentee ballots. According to the law, only specific individuals, such as election workers, mail carriers, and certain family members, are authorized to possess or return a disabled voter’s absentee ballot. Non-family members risk criminal prosecution for violating this provision.
The lawsuit contends that these restrictions impose an unlawful burden on the right to vote for many people with disabilities. It argues that disabled voters, who may rely on in-home caregivers or staff members at facilities, may not have or live near family members authorized to assist with voting.
One of the plaintiffs in the case, Jennifer Kucera, an Ohio resident with muscular dystrophy, faced challenges in voting in recent state elections due to these restrictions. The lawsuit highlights how Kucera had to ask her elderly mother, who also has mobility issues and does not live nearby, to assist her in completing and mailing the ballot, as she legally couldn’t ask her in-home professional caregiver for help.
The legal challenge asserts that the provision disenfranchises many Ohioans with disabilities, excluding them from exercising their fundamental right to vote. The ACLU argues that the provision conflicts with the Voters Rights Act, which allows voters who need help due to blindness, disability, or inability to read or write to receive assistance from a person of their choice. Additionally, it alleges a violation of Title II of the Americans with Disabilities Act (ADA) by excluding disabled Ohio voters from participating in and denying the benefits of the state’s absentee voting services.
The lawsuit sheds light on broader issues faced by disabled voters, including barriers such as inaccessible voting stations and voter suppression laws across the country. The legal challenge seeks to address the restrictions on voter assistance for disabled individuals in Ohio, emphasizing the importance of equal access to the voting process.