Ohio Legal Rights Service files injunction against Secretary of State and County Boards of Elections

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FOR IMMEDIATE RELEASE

Michael Kirkman
Executive Director

FEDERAL JUDGE ORDERS INJUNCTION AGAINST THE SECRETARY OF STATE AND COUNTY BOARDS OF ELECTIONS TO MAKE "REASONABLE ACCOMMODATION" FOR VOTERS WITH DISABILITIES CASTING ABSENTEE BALLOTS

COLUMBUS, NOVEMBER 17, 2008-- The United States District Court, Southern District of Ohio has issued a permanent injunction ordering Defendant Secretary of State Jennifer Brunner to make all reasonable accommodations for people with disabilities who are restricted to their homes and cannot travel to the County Boards of Elections to correct the deficiencies in their absentee ballots.

The Ohio Legal Rights Services (OLRS), in partnership with local private attorney Alexander Spater, filed the lawsuit in federal court, alleging that the Secretary of State (SOS) and the Franklin County Board of Elections violated the Americans with Disabilities Act and the Equal Protection Clause of the U.S. Constitution by not making reasonable accommodation for an absentee voter with disabilities who can not travel. OLRS first became Aware of the problem on November 14, when notified by Ohio Disability Vote Coalition Coordinator Susan Hetrick.

The plaintiff attempted to vote in the November 4 general election but was notified that there were errors in her absentee ballot. To correct those errors, the Ohio SOS's directive requires that voters appear in person at their board of elections within 10 days of the election. The directive fails to make reasonable accommodations for voters with disabilities who can not travel.

OLRS Managing Attorney Susan Tobin emphasized that the court order applies to all 88 county board of elections in Ohio. "Any person with a disability who is unable to travel the the County Board of Elections must notify their respective Board of Elections to request such an accommodation. Any accommodation must be completed by the close of business Friday, November 21, 2008," Tobin stated.

The Ohio Legal Rights Service (OLRS) is an independent state agency and the federally and state designated Protection and Advocacy (P & A) system for people with disabilities.

If you would like more information, visit www.olrs.ohio.gov or contact Thomas Hemmert at 614-466-7264 or themmert@olrs.state.oh.us .

The Ohio Legal Rights Service is funded by the State of Ohio, the U.S. Dept. of Health & Human Services, the U.S. Dept. Of Education and the Social Security Administration. The Ohio Legal Rights Services does not discriminate in provision of service or employment because of race, color, religion, sex, sexual orientation, national origin, disability, military status or age.

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