COLUMBUS, Ohio — On October 15, 2024, the Ohio Supreme Court ruled against a request from the Ohio Democratic Party to invalidate an absentee ballot directive issued by Secretary of State Frank LaRose. The case, State ex rel. Ohio Democratic Party v. LaRose (2024-Ohio-4953), involved a challenge to Directive 2024-21, which requires individuals returning absentee ballots on behalf of others to deliver them directly to the board of elections and sign an affidavit. The directive also prohibits placing such ballots in drop boxes, a rule that LaRose argues is aimed at preventing “ballot harvesting” and ensuring the integrity of absentee voting.
The Democratic Party, along with two voters, argued that the directive posed significant barriers, especially for disabled voters, and sought to have it overturned. However, the court, in a unanimous decision, did not address the substance of these claims. Instead, it dismissed the case on procedural grounds, citing the legal doctrine of laches, which bars claims when there has been an unreasonable delay in pursuing them. The court pointed to the 24-day gap between the directive’s issuance and the Democratic Party’s filing as unreasonable, particularly given that absentee voting had already begun.
This ruling underscores the ongoing debate in Ohio over the administration of absentee voting, an issue that has drawn significant attention as both parties vie to shape the rules governing the 2024 elections. Though the Republican National Committee and the Ohio Republican Party were not allowed to formally intervene in the case, their arguments were considered through an amici curiae brief, reflecting the contentious nature of election law in the state.