How Are Counties Like Cuyahoga Adapting to Ohio’s New Voting Directive?

CLEVELAND — With just four weeks before early voting begins, Boards of Elections across Ohio are grappling with a new directive from Ohio Secretary of State Frank LaRose. This directive changes who can deliver vote-by-mail ballots to Board of Elections (BOE) drop boxes and adds an extra step when the person dropping off the ballot isn’t the voter themselves.

“A recent court ruling exposed a loophole that could lead to what’s known as ballot harvesting,” LaRose explained. “Ballot harvesting is illegal in Ohio, and I have to ensure we prevent it. So, if you’re returning your own ballot to the Board of Elections drop box, that’s fine. However, if you’re delivering ballots for someone else—whether it’s a family member or you’ve been designated by a disabled Ohioan—you’ll need to bring the ballot inside the BOE and sign an affidavit to confirm compliance with the law.”

This new rule is expected to add to the typical crowds that form at the Cuyahoga County Board of Elections during presidential election cycles. Historically, long lines develop with people voting early in person, while others wait in cars to drop off vote-by-mail ballots.

In previous years, to alleviate congestion, the Board of Elections used bipartisan teams to collect ballots from vehicles during early voting hours. This year, the Board voted to do the same, equipping these teams with the necessary forms for those delivering ballots on behalf of others. However, uncertainty remained regarding whether this process would meet the directive’s requirements.

Director Perlatti shares an important reminder: The Ohio SOS is mailing out Vote-by-Mail applications. Don’t miss your chance to vote from the comfort of your home! 📬 Make sure to complete and return your application to participate in the November 5th Presidential Election. pic.twitter.com/aQhBVFM4uC

— Board of Elections (@cuyahogaboe) August 30, 2024

“We’ll need clarification from the Secretary of State’s office on what exactly we’re allowed to do,” said Anthony Perlatti, Director of the Cuyahoga County Board of Elections.

Upon further clarification, LaRose confirmed that drive-thru ballot drop-offs, such as those planned in Cuyahoga County, would be permitted as long as bipartisan election officials staff them. Voters could sign the required affidavit from their cars without having to go inside.

This confirmation provided some relief for the Board of Elections, offering hope for a quick resolution to the questions raised.

Regarding the reasoning behind the directive, LaRose pointed to a court ruling that he said opened a potential loophole for ballot harvesting—the collection and delivery of other people’s vote-by-mail ballots, which is illegal in Ohio.

When asked whether ballot harvesting has been a notable issue in the state, LaRose acknowledged its presence but emphasized that it is rare. “It happens occasionally, but we work hard to keep it rare by maintaining proper rules. There’s currently an investigation in Summit County involving a ballot harvesting case. It occurs on both sides of the political aisle, but it is illegal, and we need to stay vigilant to prevent it.”

Additionally, LaRose has suggested that lawmakers consider eliminating drop boxes entirely and making vote-by-mail exclusively by postal service.

“I’ve asked the General Assembly to review the laws regarding drop boxes. It’s something to consider next year—whether the convenience they offer justifies any potential vulnerability. That’s a decision for lawmakers to make.”

LaRose also pointed out, “The most convenient drop box is your own mailbox. For years, the best way to return an absentee ballot has been to place it in the mail, affix a postage stamp, and send it to your Board of Elections. You can track your ballot at voteohio.gov/track to ensure it’s been received.”

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