Your Right, Your Vote: The Right to Voting Assistance - League of Women Voters of Ohio v. LaRose

July 30, 2024 by Claire Gaglione / voting

In a victory for voting rights, a federal court struck down restrictions in Ohio’s House Bill 458 that made it a crime to assist voters with returning absentee ballots. The overturned Ohio Law provided that only immediate family members could assist voters with returning an absentee ballot.

This law was challenged by the League of Women Voters and the American Civil Liberties Union in League of Women Voters of Ohio v. LaRose. They challenged the Ohio law on the grounds that it violated the Voting Rights Act and had negative consequences for voters with disabilities who required assistance to mail their absentee ballots. Ultimately, the federal court found that the Ohio law was preempted by Section 208 of the Voting Rights Act and cannot be enforced.

The Voting Rights Act is a federal law passed in 1965. Section 208 of the Voting Rights Act provides, “Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice[…]”
The overturned portion of Ohio’s HB 458 limited voters’ ability to choose who could assist them, holding that only immediate family members could assist in returning an absentee ballot. Thus, the Ohio law was in direct conflict with the rights conferred by the Voting Rights Act. This limitation had implications for all voters, but particularly those with disabilities, who may be unable to access their ballot drop box or mailbox to return their absentee ballot. However, the Federal court made it clear that Ohio voters can select any person to assist them. The Voting Rights Act lists only two exceptions who cannot assist disabled voters: the voter’s employer or an agent of the voter’s union. Anyone else the voter chooses can assist them with any part of the voting process.

Ohio is the latest in a litany of states that have successfully overturned similar restrictions on assisting voters, including Texas, Wisconsin, and North Carolina. The court made mention of these cases, upholding the Voting Rights Act as the law of the land, and affirming the right of voters with disabilities to obtain assistance from any person they choose.

We are grateful for the amazing efforts of the League of Women Voters, the ACLU of Ohio, and others who did excellent work to defend all Ohioans’ right to vote.
As the election approaches, it’s never too early to plan your vote. You can access resources on planning your vote at disabilityrightsohio.org/vote.

For More Information:
The Department of Justice – Voting Rights Statutes
Section 208 of the Voting Rights Act
League of Women Voters – case summary and timeline
League of Women Voters v. LaRose – opinion