Chicago – Attorney General Kwame Raoul, along with a coalition of seven attorneys general, has filed an amicus brief supporting Ohio voters who are challenging a state law criminalizing the return of absentee and mail-in ballots in most situations. The contested law classifies it as a felony to return or possess another voter’s absentee or mail-in ballot, with limited exceptions for postal workers and certain family members. Critics argue that this law disproportionately affects voters with disabilities.
The amicus brief was filed in the case League of Women Voters of Ohio v. LaRose. Raoul and the coalition back the challenge brought by a voting rights organization and an Ohio voter with a degenerative disease. They claim that the restrictions violate multiple legal protections for voters with disabilities, including the Americans with Disabilities Act, the Rehabilitation Act, and the Voting Rights Act.
“Ohio’s voting restrictions limit the ability of individuals with disabilities to have their voices heard in our democracy and do nothing to improve election security,” Raoul stated. “Voting is a fundamental right of every American, and I will continue to oppose efforts to disenfranchise voters’ access to the ballot box.”
Raoul and his colleagues argue that Ohio's law should be overturned because it disadvantages voters with disabilities, deviates from both federal law and most state laws, and does little to enhance election security.
They specifically contend that:
- The law harms voters with disabilities by restricting who can return ballots. Individuals with disabilities often rely on others for assistance in returning their ballots; under Ohio's law, many would no longer qualify as eligible helpers.
- The law is out of step with nearly every other state. Most states allow absentee voters to designate another adult to return their ballot within broader limits. Even states like Texas and Iowa, which have more restrictive rules on who can return ballots, provide more options for disabled voters.
- The law creates obstacles without improving election security. Absentee voting fraud is exceedingly rare. From 2000 to 2012, only 491 cases were documented among billions of ballots cast nationwide. States already have measures in place to deter voter fraud without imposing such restrictive laws.
Joining Raoul in filing the brief are attorneys general from Delaware, the District of Columbia, Maryland, Nevada, New Jersey, and New York.