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The GOP majority on Ohio’s Supreme Court upholds an order limiting who can use ballot drop boxes

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COLUMBUS, Ohio (Statehouse News Bureau) — Voters can’t assist other voters by putting their ballots into a secure ballot drop boxes. That order from Republican Secretary of State Frank Larose has been upheld by the Ohio Supreme Court, in a ruling that minority Democrats blasted as “little more than voter intimidation”.

The decision means people assisting voters, usually family members of disabled or elderly Ohioans, will have to sign paperwork at boards of elections offices saying they’re authorized to drop off ballots.

The majority opinion was joined by Chief Justice Sharon Kennedy, Justices Pat DeWine and Pat Fischer and Twelfth District Court of Appeals Judge Stephen Powell, sitting in for Justice Joe Deters. In the 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 Sept. 21, and early voting began on Oct. 8.

The Republicans’ opinion stated: “Because of relators’ delay in filing their complaint, if we were to grant a writ, the secretary and county boards of elections would incur significant prejudice and our order would change the procedures of an election that has already begun.”

The majority didn’t deal with the merits of the case.

Democrats sounded off on the majority opinion on ballot drop boxes

Democratic Justice Jennifer Brunner wrote that LaRose “overreached” in his directive and added: “Whatever intentions accompanied the secretary’s actions, the result is noxious and repugnant to elections that are free, fair, open, and honest.”

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

Absentee voters can drop off their election ballots in this box on Court Street in uptown Athens.
Absentee voters can drop off their election ballots in this box on Court Street in uptown Athens. [David Forster | WOUB]
“I am concerned that this directive will intimidate voters, but it’s also going to be very hard for boards of elections to implement,” said Jen Miller, executive director of the League of Women Voters of Ohio. “It means that we’re going have much longer lines for boards of elections and they’re going to have a harder time answering the phone and taking care of other voter questions.”

Miller said this means more work for elections workers and potentially long lines, and with the directive issued on Aug. 31, it was impossible to file the lawsuit earlier.

“Let’s be clear that limiting the use of drop boxes doesn’t make our elections more secure. It simply places undue burdens on elections officials and voters,” said Miller.

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

The League of Women Voters of Ohio sued over a law signed last year limiting who can assist Ohio voters with disabilities. It was put on hold by a federal court in July.