OLRS secures accommodation for voters casting absentee ballots
November 15, 2008: OLRS in partnership with local attorney Alexander Spater, filed a complaint and motion for a temporary restraining order (TRO) in the U.S. District Court for the Southern District of Ohio on behalf of a Columbus woman whose disabilities make it exceptionally difficult for her to leave her home. She attempted to vote in the November 4 general election but was notified that there were errors in her absentee ballot. To correct those errors, the Ohio Secretary of State's directive required that the voter appear in person at the county board of elections within 10 days of the election. The directive failed to make reasonable accommodations for voters with disabilities who can not travel to the board offices. The lawsuit alleged that the Secretary of State and the Franklin County Board of Elections violated the Americans with Disabilities Act and the Equal Protection Clause of the U.S. Constitution by effectively disenfranchising absentee voters with disabilities who can not travel. Read the OLRS Press Release (PDF file).
November 17, 2008: A hearing was held in the U.S. District Court. Later that day, the court issued a permanent injunction and ordered Secretary of State Brunner to make reasonable accommodations for people with disabilities who are restricted to their homes and cannot travel to the county boards of elections to correct their absentee ballots. The court order applies to all 88 county boards of elections in Ohio. Read the Opinion and Order (PDF file) and the Preliminary and Permanent Injunction Order (PDF file).
November 18, 2008: Brunner issued a directive instructing county boards of elections to provide reasonable accommodation for absentee voters who are disabled and homebound and who need to correct their absentee ballot. Any person with a disability who is unable to travel must request an accommodation by November 21, 2008. Read the Secretary of State - Directive 2008-116 (PDF file)
November 20, 2008: The plaintiff successfully corrected her ballot and was able to cast her vote.
February 2, 2009: Plaintiff's, in reply to a memoranda filed by the defendants in opposition to plaintiff's motion for fees, file memorandum in support of attorneys fees and costs in the case. Read the Memorandum in Support of Attorneys Fees and Costs in Ray v. The Franklin County Board of Elections (PDF file)
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