Sixth Circuit Rules Against Imprisoned Persons and Access to Absentee Ballots

On March 3, the Sixth Circuit reversed a lower court ruling that had said persons arrested shortly before election day must be given an absentee ballot. The U.S. District Court had said that since persons unexpectedly hospitalized were given an absentee ballot, equal protection required that arrested persons be treated the same. The Sixth Circuit disagreed, and said Ohio lets people vote early, and persons arrested should have voted earlier.

The case is Mays v LaRose, 19-4112. The opinion is here. It is written by John B. Nalbandian (a Trump appointee), and signed by Judges Amul Thapar (another Trump appointee) and Gilbert Merritt (a Carter appointee).

This case has nothing to do with felon or ex-felon voting rights. It concerns persons who have been arrested but not convicted.


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