A bill that eliminates the four-day grace period for absentee ballots to arrive at boards of elections will become law, though Gov. Mike DeWine admits he’s not happy about that.
DeWine said in a press conference that he'll sign Senate Bill 293. But DeWine, who has said more than once that he didn't see a need to change Ohio's election laws, noted that Ohio runs good elections and he thinks allowing four extra days for mailed in ballots to arrive is reasonable.
"I normally would veto a repeal this four-day grace period. And frankly, that's what I wish I could do," DeWine said in a press conference announcing the signing of several other bills.
But he said a federal court ruled a similar grace period in Mississippi violates federal law, and the case will be heard by the U.S. Supreme Court.
"If the court in late June upholds the Fifth Circuit case and Ohio's grace period for counting ballots is still in effect, the election situation in Ohio would be chaotic," DeWine said. He added if Ohio's grace period were struck down that would require counting ballots differently depending on whether candidates are running for federal or state offices.
"It certainly would confuse voters in state elections. Their absentee ballot could come in within the four days after the election and be counted," DeWine said. "There simply would not be enough time for the legislature to pass a law to conform to the Supreme Court decision and federal law. Therefore, I reluctantly signed this bill.”
Attorney General Dave Yost received a letter from the Department of Justice in September, warning that Ohio could face a federal lawsuit following an executive order Trump issued in March stating that there is "a uniform and nondiscriminatory ballot receipt deadline of Election Day for all methods of voting", with ballots from military and overseas voters exempted.
Under SB 293, ballots must be at boards of elections by election day. Democrats and voting rights groups had asked DeWine to veto the bill, saying it could result in thousands of votes not being counted.
