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Abstract

This Note argues that Ohio should implement a limited online voting system for voters with disabilities in order to expand meaningful access to the voting while preserving election integrity. Drawing on the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Voting Rights Act of 1965, and the Help America Vote Act, this Note contends that Ohio’s current absentee voting framework continues to impose substantial barriers on disabled voters by denying many individuals the ability to cast ballots privately, independently, and safely.

The Note examines how the COVID-19 pandemic exposed longstanding deficiencies in American voting infrastructure, particularly for disabled and immunocompromised individuals, and accelerated national conversations surrounding electronic ballot return systems. It analyzes Ohio House Bill 458 and related litigation challenging restrictions on absentee ballot assistance, arguing that such limitations disproportionately burden disabled voters despite federal protections guaranteeing equal access to voting opportunities. The Note further evaluates the legal and policy implications of online voting technologies, including concerns regarding cybersecurity, election integrity, and voter fraud.

Using Indiana’s implementation of a remote accessible ballot-marking system as a case study, this Note demonstrates that narrowly tailored electronic voting programs for disabled voters can be both secure and accessible. Ultimately, this Note proposes that Ohio adopt a pilot online voting program for certain disabled voters—particularly individuals who are blind, visually impaired, or physically unable to independently mark or return paper ballots. By doing so, Ohio could reduce voter suppression, increase accessibility and voter participation, and better align its election laws with the guarantees of federal disability rights legislation.

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