Breaking: Federal Court in Ohio Blocks Some Voting Changes

No, this is not a repeat of the recent ruling stopping Ohio from getting rid of Golden Week.

In the long-running NEOCH case, a federal district court has issued a 115-page opinion (via Chris Geidner) blocking a different set of voting rule changes. In particular, finding violations of the Voting Rights Act Section 2 and the U.S. Constitution’s equal protection clause, the court enjoined portions of two Ohio bills passed by the Republican legislature over Democrats’ objections:

Ohio Revised Code §§ 3509.06 and 3509.07 are enjoined to the extent they require full and accurate completion of absentee-ballot identification envelopes before an otherwise qualified elector’s ballot may be counted;

Ohio Revised Code §§ 3509.06 and 3509.07 are enjoined to the extent they provide for only seven days for voters to correct absentee-ballot identification envelopes, and the ten-day period provided by Secretary of State directive is restored;

Ohio Revised Code §§ 3505.181, 3505.182, and 3505.183 are enjoined to the extent they require full and accurate completion of provisional-ballot affirmation forms, and require a printed name, before an otherwise qualified elector’s ballot may be counted;

Ohio Revised Code §§ 3505.181, 3505.182, and 3505.183 are enjoined to the extent they provide for only seven days for voters to correct provisional-ballot affirmation forms rather than ten days;

Ohio Revised Code§§ 3509.03, 3509.04 and 3505.181(F) are enjoined to the extent they prohibit poll workers from completing voters’ absentee or provisional ballot forms unless voters provide a specific reason for seeking assistance.

 Significantly, the court rejected the argument that the Ohio legislature acted with a racially discriminatory purpose or a purpose to discriminate against Democrats, despite some isolated statements from legislators which could be read as expressing that intent. The court did take this dig, however, in the course of its Voting Rights Act section 2 totality of the circumstances analysis:

Factor Six: Overt or Subtle Racial Appeals in Campaigns. From an email from a top Republican Party official denigrating the “urban—read African-American—voter turnout machine” to racist appeals like the “Obama phone lady” ad, Ohio has seen both overt and subtle racial appeals in campaigns over the last several years. Moreover, the targeting of minority communities for anti-voter fraud efforts, including with billboards, is an indication that voter suppression tactics have not disappeared but are now merely cloaked in ostensibly race-neutral language. Old dogs, it seems, can learn new tricks.

If the state appeals, it will provide yet another opportunity for the Sixth Circuit, and perhaps the Supreme Court, to determine when rules making it harder to register or vote amount to constitutional or Voting Rights Act section 2 violations. The plaintiffs in this case, however, include the homeless, who suffer from various impediments to voting. It may be harder for the state of Ohio to attack this ruling than the elimination of Golden Week in terms of the burden on voters.

These changes, if upheld, will make it easier for the most vulnerable voters in Ohio to be able to cast a ballot which will be counted.

[This post has been updated.]

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