Eleanor Finch
In January 2023, Ohio's HB 458 law was signed by Governor DeWine, imposing several new restrictions on voting. The American Civil Liberties Union (ACLU) of Ohio, along with the law firm of Covington & Burling, filed a challenge against HB 458, arguing that it criminalises those who help voters with disabilities and burdens their ability to vote. The lawsuit specifically challenges the provision limiting which individuals may return absentee ballots for others, as it directly violates the Voting Rights Act and Title II of the Americans with Disabilities Act. This raises the question of whether the actor voting is protected by the Ohio Constitution.
| Characteristics | Values |
|---|---|
| Voting restrictions | HB 458, a law criminalising those who help voters with disabilities, was signed into law by Governor DeWine in January 2023 |
| Voting access | The ACLU of Ohio believes that lawmakers should be increasing voter access, not creating barriers to the ballot box |
| Voter support | The League of Women Voters offers voting support to many voters |
| Citizenship | Only US citizens can vote in elections, according to Ohio Secretary of State Frank LaRose |
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What You'll Learn
Voting restrictions for people with disabilities
In Ohio, the ACLU is challenging HB 458, a law that criminalises those who help voters with disabilities. The law was signed into law by Governor DeWine in January 2023 and imposes several new restrictions on voting.
The ACLU argues that HB 458 does not protect voter access and instead allows lawmakers to isolate a subset of voters who deserve to be able to complete their civic duty. The law directly affects voters with disabilities who rely on caregivers to assist with various daily tasks and are unable to vote on their own. Under HB 458, the people they depend on the most are not permitted to return their absentee ballots, even with their explicit consent.
The ACLU's lawsuit specifically challenges the provision limiting which individuals may return absentee ballots for others, as it directly violates the Voting Rights Act and Title II of the Americans with Disabilities Act.
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Voting restrictions for non-citizens
The ACLU of Ohio is challenging HB 458, a law criminalising those who help voters with disabilities, on the grounds that it does not protect voter access and makes it more difficult for historically marginalised communities to cast a ballot. The law also limits which individuals may return absentee ballots for others, which the ACLU argues directly violates the Voting Rights Act and Title II of the Americans with Disabilities Act.
In Ohio, only US citizens can vote in elections. Non-citizens are not permitted to register to vote, and any existing registrations will be cancelled. This is in line with the United States Constitution and the Ohio Constitution.
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Voting restrictions for absentee ballots
The ACLU of Ohio argues that HB 458 does not protect voter access but instead allows lawmakers to isolate a subset of voters who deserve to be able to complete their civic duty. The law particularly affects individuals with disabilities who rely on caregivers to assist with various daily tasks, including voting. Under HB 458, the people they depend on are not permitted to return their absentee ballots, even with their explicit consent.
The ACLU of Ohio believes that lawmakers should be increasing voter access, not creating barriers to the ballot box and making it more difficult for historically marginalised communities to cast a ballot. The organisation is committed to challenging restrictive voting laws and ensuring that all Ohioans have the opportunity to make their voices and values known through the democratic process of voting.
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Voting restrictions for marginalised communities
HB 458, signed into law by Governor DeWine in January 2023, imposes several new restrictions on voting, including limiting which individuals may return absentee ballots for others, which the ACLU argues directly violates the Voting Rights Act and Title II of the Americans with Disabilities Act. This severely burdens the ability of Ohioans with disabilities to vote, as they may rely on caregivers to assist with various daily tasks and are not able to vote on their own.
The ACLU of Ohio also highlights the critical efforts of respected organisations, like the League of Women Voters, in assisting and offering voting support to marginalised communities. They argue that lawmakers should not be creating barriers to the ballot box, but rather increasing voter access for all demographics, regions, and walks of life.
In addition to restrictions on voters with disabilities, Ohio has also faced criticism for its citizenship voting requirements. After the 2022 election, Secretary of State Frank LaRose directed the Greene County Board of Elections to not accept any voter registrations from noncitizens and to cancel the registrations of any non-citizen residents who had already registered. LaRose argued that allowing noncitizens to vote violated both the United States Constitution and the Ohio Constitution.
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Voting restrictions for those who rely on caregivers
In Ohio, HB 458, a law criminalising those who help voters with disabilities, was signed into law by Governor DeWine in January 2023. The law has been criticised by the ACLU of Ohio, who argue that it creates barriers to the ballot box for historically marginalised communities. The law has been challenged in court by the ACLU of Ohio, the American Civil Liberties Union, and the law firm of Covington & Burling, representing the League of Women Voters of Ohio and voter Jennifer Kucera. Jennifer is an Ohioan living with a severe disability who relies on her caregivers to assist with various daily tasks. Under HB 458, the people she depends on the most are not permitted to return her absentee ballot, even with her explicit consent. This provision has been specifically challenged as it directly violates the Voting Rights Act and Title II of the Americans with Disabilities Act.
For many Ohioans with disabilities, HB 458 severely burdens their ability to vote. The law allows lawmakers to isolate a subset of voters who deserve to be able to complete their civic duty. The ACLU of Ohio believes that lawmakers should be increasing voter access, not creating barriers to the ballot box.
Voting is a cornerstone of democracy, allowing individuals from all demographics, regions, and walks of life to make their voices and values known. The right to vote is a fundamental aspect of citizenship and a key mechanism for holding elected officials accountable. By restricting the ability of individuals with disabilities to vote, HB 458 undermines the democratic process and infringes on the rights of a vulnerable population.
The impact of HB 458 on individuals with disabilities highlights the importance of ensuring that voting processes are accessible and inclusive for all. It is crucial that voting restrictions do not disproportionately affect individuals with disabilities or create unnecessary barriers to their participation in the democratic process.
While the specific details of HB 458 and its impact on caregivers are not fully clear, it is evident that the law has created significant concerns and challenges for individuals with disabilities who rely on caregivers for assistance. The legal challenge to HB 458 underscores the importance of protecting the voting rights of all citizens, regardless of their ability or dependence on caregivers.
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Frequently asked questions
No, the Ohio Constitution does not protect voting. In fact, the state has passed a number of restrictive voting laws, including HB 458, which criminalises those who help voters with disabilities.
HB 458 is a law that was signed into effect in January 2023 by Governor DeWine. It criminalises those who help voters with disabilities and imposes several new restrictions on voting.
The American Civil Liberties Union and the law firm of Covington & Burling are challenging HB 458, along with the League of Women Voters of Ohio and voter Jennifer Kucera.
HB 458 violates the Voting Rights Act and Title II of the Americans with Disabilities Act by limiting which individuals may return absentee ballots for others.
