Election workers process ballots. (Photo: Carl Payne, States Newsroom.)
Ohio lawmakers voted Wednesday to once again shorten the deadline for returning absentee ballots, removing the waiting period and invalidating any ballots that arrive after Election Day. The measure, Ohio Senate Bill 293, is currently on its way to the governor.
Back in 2022, Ohio voters had a 10-day grace period for absentee ballots marked postmarked on Election Day to reach their local board of elections for official counting. Republican lawmakers in Ohio shortened that period to four days before the 2024 election and are now eliminating the waiting period altogether.
Threats from the Trump administration prompted Ohio lawmakers to act.
In his March executive order, the president introduced a novel reading of federal law and simply stated that all absentee ballots arriving after Election Day should be rejected.
In recent months, the U.S. Department of Justice has warned Ohio officials that it may sue the state over the matter.
Supporters of the bill also pointed to the U.S. Supreme Court’s approval hear the Mississippi case which allows ballots to appear five days after the election.
They argue that if the court struck down waiting periods for mail-in voting, Ohio election officials could rush to make sweeping changes ahead of a controversial federal election.
A last-minute amendment was added to the bill that critics say will “exponentially” enhance the number of provisional votes and make it much easier to cancel voter registration.
The changes direct county boards to immediately cancel a person’s registration if the Secretary of State determines he or she is not a citizen.
It’s a notable departure. Typically, county boards send a confirmation notification when they detect a problem with an individual’s registration.
Ohio Section of LaRose State Noncitizen Voter Registration Audit of Naturalized Citizens
And it’s not like the secretary’s track record is perfect. Since taking office, Sec. Frank LaRose flagged hundreds of people as alleged foreigners. District attorneys and Ohio’s attorney general largely rejected his allegations and declined to bring charges against all but a few people. Last year, LaRose’s review appeared to violate statutory requirements and concluded with a designation for recently naturalized citizens.
The amendment also directs the secretary to send reports to all 88 counties detailing apparent data discrepancies. Voters identified in the report will receive a confirmation notice and if they do not provide corrected information, they will be required to vote provisionally.
Debate upstairs
In the House, state Rep. Sharon Ray, R-Wadsworth, explained that the Ohio bill coincides with 34 others across the country.
Ray, a former member of the Medina County Board of Elections, stressed that taking action now would simplify county board changes by “enabling a broad voter awareness campaign” ahead of the primary and ensuring “consistency” between the primary and general elections.
State Rep. Adam Bird, R-New Richmond, asked his colleagues if they wanted to “bridge the gaps,” “inspire trust and credibility” and ensure that “Ohio complies with federal election law.”
“Yes,” Bird said. – I encourage you to want it too.
State Rep. Allison Russo, D-Upper Arlington, sharply criticized the suggestion that Ohio’s current system breaks the law.
“The notion that by continuing the grace period we will violate federal law is false,” she said. “There is no violation of federal law. There is a lawsuit that is being heard by the Supreme Court.”
Democrats introduced three different amendments to the House. They all failed.
State Rep. Juanita Brent, D-Cleveland, has proposed changes that would create a indefinite absentee voter list.
Russo proposed language that would allow voters to return absentee ballots at any polling place or county board of elections, not just the county board of elections.
State Rep. Ashley Bryant Bailey, D-Cincinnati, urged lawmakers to notify voters 60 to 90 days before the election if there are discrepancies in their data “before they are blinded at the polls and forced to vote provisionally.”
Bryant Bailey explained that the announcement was significant to her because a clerical error almost doomed her nomination to the House of Representatives.
She changed her surname after the wedding and initially her registration did not follow her.
“You can support this bill or you can oppose it,” she said, “but the point is not partisan. It’s basic fairness.”
State Rep. Josh Williams, R-Sylvania Twp., spoke out against each proposal before lawmakers tabled the amendments. He suggested that a indefinite absentee list would open the door for family members to vote on behalf of older, incapacitated voters. Allowing voters to drop off ballots at polling places or other county commissions in a similar way “would make Ohio’s elections less secure and susceptible to fraud and abuse,” Williams said. Requiring notice before canceling voter registration would also lead to fraud, Williams insisted.
“If we really care about election integrity,” Williams said, “I think it would be prudent for the Secretary of State to remove illegal immigrants from our voter rolls, even within 90 days of the election.”
Because all Republicans have expressed concerns about compliance with federal law, systematically clearing voter registrations within 90 days of a federal election — as Williams suggested and what the bill required — is prohibited by the “quiet period” provisions of the National Voter Registration Act.
Last year, the state of Virginia ordered just such an audit, which resulted in the removal of 1,600 registrations, some of which belonged to eligible voters. A federal court and the U.S. Court of Appeals sided with the groups challenging these expulsions, but the U.S. Supreme Court did he allowed them to move forward without ruling on the validity of the process.
Senate consent
Because of this Eleventh Amendment, the Senate had to vote to agree to the House changes. The Senate took up the act on Wednesday evening.
One of the bill’s sponsors, state Sen. Theresa Gavarone, R-Bowling Green, pointed to the U.S. Supreme Court’s decision to hear the case outside of Mississippi. This ruling will likely be made next summer.
“Making this change now makes more sense and will be more effective, leaving plenty of time to make sure every voter is aware and can cast their ballot on time,” she insisted.
State Sen. Bill DeMora, R-Columbia, wasn’t buying it and called the bill a “total attack on democracy.”
“Why do we want to take action before the U.S. Supreme Court makes a decision?” he asked, half annoyed.
“That means that two years ago, the Supreme Court, essentially the same members of the Court, allowed voters in Pennsylvania to cast ballots and have them counted after the deadline, even though it wasn’t even written into state law in Pennsylvania.”
State Sen. Willis Blackshear, D-Dayton, said the latest changes, which follow several recent election bills, will only cause confusion.
“Only regarding the grace period,” he said, “we changed the schedule from 10 days to four days, and currently Senate Bill 293 proposes no grace period at all. Overall, this bill will add to confusion and cause more people to have to vote provisionally and risk having their vote not counted.”
State Sen. Kent Smith, D-Euclid, pointed to provisions aimed at “cleaning up” voter roll discrepancies — such as when an address or driver’s license mismatches, or when a person dies.
“There are at least four Kent Smiths living in Cuyahoga County,” he said. “I know one of them died. Can you see what the potential problem could be?”
Senate Republicans rejected all objections.
One of the bill’s co-sponsors, state Sen. Andrew Brenner of Delaware, reminded his colleagues that voters still have a few weeks to vote early, and 34 other states impose the same deadline on absentee ballots.
State Sen. Terry Johnson, R-McDermott, recalled that Election Day was the only day he started voting in the 1970s and insisted that “it’s that simple” to vote early or by mail.
Growing frustration Johnson rejected the suggestion that the bill was a Republican attempt to suppress the vote.
“I can personally guarantee that no one on this side of the aisle is trying to suppress the vote. Make up a new phrase. It’s not true. No one believes it anymore,” he growled.
That sounded a little hollow coming from state Sen. Catherine Ingram of Cincinnati. She noted that just a few weeks ago on Election Day, the Ohio House and Senate held several committee hearings.
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