Disability Rights Ohio obtains win for voter

November 20, 2012

On Friday, November 16, 2012, a federal judge ruled that a voter with a disability who had been confined to a hospital on election day and had not received her requested absentee ballot on time, would have her vote counted in this General Election.

On Election Day November 6, 2012, Disability Rights Ohio filed an emergency complaint and motion for injunctive relief at 7:38 p.m. on behalf of a voter who had not received her requested absentee ballot and could not go to the polls to vote in person because she was in a psychiatric hospital several counties away from her voting location. After the Board of Election and the Secretary of State refused to provide a reasonable accommodation to allow her to vote, Disability Rights Ohio filed an emergency complaint and motion for a temporary restraining order.

The federal judge found that the Secretary of State and local Board of Election could have accommodated the voter on election day to allow her to vote. To remedy the situation, he ordered that her ballot, which was sent in the day after election day, be counted.

Read the Decision [PDF]