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Important voting rights update in Ohio: for two years, Ohio's SOS has claimed he could not allow online or electronic applications for absentee ballots. Ohio law didn't permit it, he said, insisting he needed legislative approval.
We went to court to show he was wrong...
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We went to court to show he was wrong...
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Several weeks ago, a common pleas court agreed with us, but he (of course) appealed immediately.
This afternoon, we got our ruling on that appeal.
The disappointing news is that we did not get the relief/injunction we were seeking immediately.
The good news? ...
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This afternoon, we got our ruling on that appeal.
The disappointing news is that we did not get the relief/injunction we were seeking immediately.
The good news? ...
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Like the court below, the appeals court agreed that nothing in OH law prevents the acceptance of electronic applications of absentee ballots: "Having reviewed R.C. 3509.03, we find the plain language of the Gen'l Assembly does not prohibit qualified electors from making.."
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"... a written absentee ballot application to the county director of elections by email or fax or otherwise.”
It later said again: "Nothing in this determination should be read as limiting the secretary from, in an exercise of his reasonable discretion..."
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It later said again: "Nothing in this determination should be read as limiting the secretary from, in an exercise of his reasonable discretion..."
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"...implementing R.C. 3509.03 to permit methods of delivery other than mail or in-person should the circumstances warrant it.”
The court did not agree with our effort to immediately allow such applications to be made, or that LaRose was required to do so, but our core...
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The court did not agree with our effort to immediately allow such applications to be made, or that LaRose was required to do so, but our core...
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...effort was always to make clear that Ohio law currently allows applications to be sent electronically.
For two years, LaRose said he couldn't do so. And for two years, it turns out, he's been wrong.
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For two years, LaRose said he couldn't do so. And for two years, it turns out, he's been wrong.
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So as we and others have said all along, there is nothing in Ohio law right now stopping the acceptance of electronic or online applications--the only thing that's been stopping it is LaRose himself.
While we will weigh our short-term options with this case as to relief,...
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While we will weigh our short-term options with this case as to relief,...
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...clearing this part up is a long-term win for Ohio voters.
Bottom line: it's long past time for LaRose to stop hiding behind phantom laws for his unwillingness to do things. It's time for him to get to work.
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Bottom line: it's long past time for LaRose to stop hiding behind phantom laws for his unwillingness to do things. It's time for him to get to work.
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