Ohio Loses Case on Absentee Voting by Persons Arrested Shortly Before Election Day

On November 6, U.S. District Court Judge Michael H. Watson issued an opinion in Mays v LaRose, s.d., 2:18cv-1376.  He said that Ohio must give the same absentee ballot deadline to persons imprisoned (but not yet convicted), that it gives to persons who are confined to a hospital.  See this story.

Persons confined to a hospital have until 3 p.m. on election day to file for an absentee ballot, but others must do so by the Saturday before the election.  In November 2018 the lawsuit was filed on behalf of persons who are unexpectedly arrested after the absentee ballot deadline.  They argued that if the state can have a later deadline for people who unexpectedly end up in the hospital shortly before the election, the state should give prisoners the same treatment.  The judge agreed and also certified the case as a class action.  The state is appealing to the Sixth Circuit.  In the Sixth Circuit, the case is 19-4112.


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