Ohio Supreme Court upholds limitations on who can use ballot drop boxes

COLUMBUS, Ohio (WCMH) – The Ohio Supreme Court has ruled that residents delivering ballots on behalf of voters with disabilities cannot use drop boxes but instead must go inside the county board of elections building and fill out a form. 

Under state law, only close relatives such as spouses and parents are legally allowed to drop off a ballot on behalf of someone else. However, a federal judge ruled in July that Ohioans with disabilities can choose anyone to help deliver their ballot.

In response to the ruling, Secretary of State Frank LaRose imposed a new directive in September requiring anyone dropping off a ballot on behalf of someone else to sign a form at a county board of elections during business hours, ultimately preventing them from using a drop box.

The form declares that the individual is returning the ballot of a state-approved family member or a person with disabilities who has designated them to do so. LaRose cited concerns about ballot harvesting, which is when a political campaign or third party collects and returns multiple ballots.

The Ohio Democratic Party and two voters filed a lawsuit challenging LaRose’s rule change, arguing the directive limits drop off hours to when the board of elections is open, and prevents those who are legally assisting someone to vote from using drop boxes. The Supreme Court rejected the lawsuit and upheld the rule change 4-3, with a Republican majority, in a Tuesday decision.

“I’m grateful the court has allowed us to proceed with our efforts to protect the integrity of Ohio’s elections,” LaRose said in a statement. “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.”

Drop boxes are locations put in place by government officials where voters can submit a completed mail ballot. The boxes are often under 24-hour surveillance and can be a more reliable option when there are concerns about the time it may take a ballot to go through the U.S. Postal Service, according to the Bipartisan Policy Center. 

Democrats argued LaRose’s rule made it harder for individuals with disabilities to vote, while a Republican majority argued the lawsuit was filed too late, and claimed the plaintiffs could have filed the legal challenge as early as Sept. 3 but instead waited until Sept. 27.

"Absentee voting has already begun," the court wrote. "As a general matter, courts should refrain from ordering changes to the rules governing elections during or close to the start of an election."

The dissenting opinion argued the court failed to uphold the rule of the law and that the secretary was to blame for the timing issues, given he imposed changes on Ohio voters and election officials about two months before an election. 

Three Ohio Supreme Court justices – Republican Joe Deters and Democrats Melody Stewart and Michael Donnelly – recused themselves from the case, as all are on the general election ballot.

The majority ruling was signed by Chief Justice Sharon Kennedy, as well as Justices Pat Fischer and Pat DeWine. The fourth majority vote came from Judge Stephen Powell, a Republican on the 12th District Court of Appeals sitting in for Deters. The dissenting opinion consisted of Justice Jennifer Brunner, Judge Pierre Bergeron of the First District Court of Appeals and Judge William Hoffman of the Fifth District Court of Appeals.

Ohio law permits the secretary of state to issue directives regarding how elections are conducted. The law does prohibit permanent directives from being issued beginning 90 days prior to an election, therefore LaRose’s rule change will only remain in effect until mid-December.