Federal judge: Ohio elections chief Frank LaRose can't limit ballot drop boxes, LaRose will appeal
Jessie Balmert
Cincinnati Enquirer
COLUMBUS - Ohio county boards of elections can offer off-site drop boxes and collection of voters' absentee ballots, a federal judge ruled Thursday.
U.S. District Judge Dan Polster blocked Ohio Secretary of State Frank LaRose's order, which prohibited off-site drop boxes. But the Republican elections chief will appeal.
Democrats and voting right advocates pushed for more drop box locations amid record-setting absentee ballot requests and concerns about U.S. Postal Service delivery.
Polster found that limiting each county to one drop box location had a "disproportionate effect on people of color" living in more populous counties, imposing a "significant burden" on their right to vote.
"While it may be said that the 7,903 registered voters in Noble County may find a single drop box location sufficient, the record demonstrates that the 858,041 registered voters in Cuyahoga County will likely not," wrote Polster, who was appointed by former President Bill Clinton.
Polster pointed out that limiting "outside" collection to board premises would ban Hamilton County election officials from doing what they did during the primary: going out with plastic trays to collect ballots from voters in vehicles waiting to deposit their ballots.
The decision comes after a 10th District Court of Appeals panel found that nothing in Ohio law either requires or prohibits multiple drop boxes. LaRose then allowed multiple drop boxes but only at county boards of elections.
"The secretary is continuing to restrict boards from implementing off-site collection, and he appears to be doing so in an arbitrary manner," Polster wrote.
Polster's order would allow county boards to vote to add additional drop boxes throughout the county if they follow rules to keep the receptacles secure. The federal lawsuit was brought by voting rights groups.
"The court’s order protects the right to vote for tens of thousands of Ohioans, especially Black voters and people of color who disproportionately reside in some of the state's major population centers," said Kristen Clarke, president of Lawyers’ Committee for Civil Rights Under Law.
http://www.cincinnati.com/story/news/politics/elections/2020/10/08/federal-court-ohio-secretary-of-state-frank-larose-ballot-drop-box-judge-dan-polster/5930499002/
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