Ohio: Federal judge won’t change primary election plan implemented in face of coronavirus | Eric Heisig/Cleveland Plain Dealer
A federal judge on Friday declined to step in and change a plan Ohio lawmakers unanimously approved to alter the state’s primary election, which will now be held almost solely by mail through April 28 because of the coronavirus pandemic.
U.S. District Judge Michael Watson ruled that a coalition of voting-rights groups that filed suit Monday over the Ohio legislature’s plan did not show that the rights of residents would be disenfranchised enough to override the law.
Even if the plan, named House Bill 197, isn’t perfect, that’s not enough to intervene, the judge wrote in his 27-page opinion.
“The Constitution does not require the best plan, just a lawful one,” wrote Watson, whose courtroom is in Columbus. “As is apparent from the briefing in this lawsuit, every group has a different idea of what the best plan would be. But the Court will not declare the Ohio Legislature’s unanimous bill to be unconstitutional simply because other options may have been better.”
Secretary of State Frank LaRose issued a statement that did not address the ruling but said that “in these challenging times, Ohioans deserve an election done fairly and safely, and that’s exactly what we’re going to do.”
The American Civil Liberties Union of Ohio, which represented the groups, said in a statement that “we are disappointed in the Court’s decision not to order changes to protect voters from disenfranchisement.”
The statement continued: “We will be watching the execution of the April 28 primary closely. If Ohio’s process prevents people from voting, it will have denied its citizens’ fundamental rights. And the state will hear from us.”
The primary election was previously set for March 17, though Ohio Health Department Director Dr. Amy Acton closed polling places out of concern for the coronavirus-related risks associated with large gatherings. Acton previously issued orders banning mass gatherings for the same reason.
State lawmakers late last month set aside a proposal from LaRose to preserve an in-person vote on June 2 and instead send postcards with instructions on how to obtain absentee-ballot applications to all registered voters who hadn’t previously voted early. Voters generally will be required to use their own postage stamp to send in their ballot application, and the process will go through April 28.
Ohio Gov. Mike DeWine, while he signed the bill, noted that he would have liked a longer timeline for voters.
Lawmakers said wrapping the primary up sooner would allow for the state’s presidential delegates to be seated in time for the Republican and Democratic national conventions. They also noted that local government and education groups, which seek resolution on local levies and other ballot issues, need the results sooner because of their fiscal years.
The League of Women Voters of Ohio, the Ohio A. Philip Randolph Institute and several state voters said in their lawsuit that the state’s timeline is too fast to conduct a proper election. They asked the court to take several steps, including pushing back the date, ordering county boards of elections to direct mail primary ballots with pre-paid envelopes, and expanding in-person voting.
