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The Lucas County
Commissioners and the City of Toledo Support the Right of
County Boards of Election to Have More than One Ballot Drop
Box for Election
The Lucas County Commissioners and the City of Toledo
together requested permission to file an Amicus Brief
regarding the lawsuit filed by Ohio Democratic Party and
Lewis Goldfarb against Ohio Secretary of State Frank LaRose.
The lawsuit seeks an injunction against the order issued by
Secretary LaRose forbidding local boards of election the
ability to determine the number of ballot drop boxes
necessary to ensure that every eligible voter can safely
cast a ballot this November.
Last week, the County Commissioners and the City of Toledo
jointly filed a motion for leave, requesting permission to
file an Amicus Brief (“friend of the court”). The brief
argues that, under the Ohio Revised Code, county boards of
election, not the State of Ohio, have the authority to
determine how many ballot drop boxes are needed to safeguard
everyone’s right to vote, and Secretary LaRose has exceeded
his authority by restricting county boards of election to
just one drop box.
“A one-size-fits-all approach doesn’t work for every Ohio county.
With different population sizes and access to reliable
transportation, one drop box isn’t right for every county,
especially during a pandemic,” Commissioner Tina Skeldon
Wozniak said. “Larger counties may need additional
boxes.”
“We have an obligation to make sure that everyone who is
eligible to vote has the chance to do it in the safest way.
It’s our right,” Commissioner Pete Gerken added. “We
can’t let the powerful choose their voters – we must choose
our elected leaders so we can hold every one of them
accountable. We need to keep voting simple – ballot boxes
let voters simply and securely control their vote.”
“Ohio law simply is not on the Secretary’s side,” said
Commissioner Gary Byers. “Ohio Revised Code and case
precedent mandate that decisions regarding election law must
be oriented in support of the fundamental rights of all
citizens to vote. Nothing in state law empowers the Ohio
executive branch to erode the constitutional rights of
eligible voters.”
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