Which Votes Count? Ohio Democrats, Secretary Of State Spar

COLUMBUS, OH — On late Friday night, Secretary of State Frank LaRose decided to throw out many provisional ballots cast in the 2020 Ohio primary election. That action spurred condemnation from Ohio's Democrats.

"I am beyond disappointed that Ohio’s chief elections officer is ordering counties not to count votes and, to make matters worse, this order was withheld until after the voting was finally over. This is no way to run things and this is another blow to voters’ confidence in our elections," said state Rep. Bride Rose Sweeney.

According to the secretary of state's website, there were 44,368 provisional ballots cast during the primary. It's unclear how many of those ballots will be tossed under LaRose's direction because each county board of elections will have to determine which votes can be counted.

State Rep. Paula Hicks-Hudson asked LaRose to clarify his position on provisional ballots prior to the election. She argued that delays in mail and confusion about the voting process muddied the waters for many Ohioans. Under those circumstances, she argued, provisional ballots should be counted. LaRose did not immediately respond to Hicks-Hudson's request.

After voting concluded, Democrats in the Ohio House's election working group sent a letter to LaRose asking him to count provisional ballots cast during the election.

"Secretary Larose, the law is clear in the state of Ohio. Provisional ballots are to be counted so long as the individual was registered to vote, was eligible to vote in the location where they voted, and provided the required information on the ballot envelope," the letter said.

LaRose did direct county boards of election to provide provisional ballots to voters who showed up on election day and asked for an absentee ballot, even if the voter did not have a disability allowing them to vote in-person.

“The secretary’s pre-election directive said that voters who appeared in person were to be given a provisional ballot. He said nothing about that ballot not counting. What a dirty trick to play on Ohio voters. These ballots should be counted as state and federal law require. Voters’ most fundamental right is at stake here," said state Rep. Michele Lepore-Hagan.

Then, on Friday, LaRose made his decision. In a directive issued to county boards of election, he ruled, "The provisional ballot is not eligible for counting if the voter was not eligible to vote in-person absentee under H.B. 197 and the voter did not apply for an absentee ballot by noon on April 25, 2020."

Provisional ballots submitted by voters who requested an absentee ballot before the deadline may be counted, if a county board of elections deems their vote eligible. The eligibility rules can be found on the state's website.

"This is an insult to the voters of Ohio. Mass confusion reigned in this primary election, in part because of Secretary LaRose’s own actions in publicizing a false new election date. As a result, many people cast provisional ballots last Tuesday. The secretary refused to say how these ballots would be handled before the election and immediately after voting ended," said Hicks-Hudson.

LaRose's office declined to comment on the provisional ballot decision, other then to cite their legal justification for the action.