Biden Judge Strikes Down Ohio Law Harming Disabled Voters’ Rights
Judge Bridget Brennan, nominated by President Biden to the federal district court for the Northern District of Ohio, ruled that an Ohio law diminishing disabled voters’ ability to use absentee ballots conflicted with the Voting Rights Act and was invalid. The July 2024 decision was in League of Women Voters of Ohio v Larose.
What is the background of this case?
In order to help protect the rights of disabled voters, Section 208 of the federal Voting Rights Act (VRA) “protects a disabled voter’s ability” to select a “person of the voter’s choice” to assist with voting, whether in-person or absentee. In 2023, however, Ohio enacted a change to its voting laws that, among other things, prohibits anyone from returning another person’s absentee ballot, unless they are a state-specified relative of the voter, such as a spouse, father or mother.
The League of Women Voters of Ohio (“LWV”) and disabled voter Jennifer Kucera challenged the Ohio law in federal court as violating the VRA. Ms. Kucera has muscular dystrophy and “lives alone with the assistance of professional, in-home caregivers.” Although she has previously voted with the assistance of her elderly mother , she would strongly prefer that her caregivers assist with voting in the future, including delivery of absentee ballots. After discovery, both the plaintiffs and Ohio filed motions for summary judgment to seek to resolve the case.
How did Judge Brennan Rule and Why is it Important?
After carefully reviewing the record and the relevant case law, Judge Brennan ruled that the Ohio law was in conflict with the VRA, which preempted the Ohio statute and rendered it unlawful. Judge Brennan explained, in response to arguments by the state, that the VRA authorized the LWV and Ms Kucera to sue and that it applied to assistance for disabled voters as to both in-person and absentee voting. “Congress has made clear,” she wrote, that the VRA should prevail on this issue, and that the Ohio law “directly contravenes” the VRA’s “mandate” concerning disabled voters. Brennan concluded by declaring the Ohio law was preempted by the VRA and thus illegal, and entered a permanent injunction against all state officials from attempting to enforce the statute as applied to disabled votes.
Judge Brennan’s decision is obviously important to Jennifer Kucera and other disabled voters across Ohio. It also offers useful analysis for other courts on the VRA as applied to disabled voters and related issues. The ruling also provides an important example of the significance of promptly confirming fair-minded judges to our federal courts.