On Dec. 19, Ohio Gov. Mike DeWine (R) signed SB 293, which requires absentee ballots to be received by the close of polls on Election Day, except for military or overseas ballots. 

Previously in Ohio, absentee ballots were counted if they arrived within four days after the election. Not including Ohio, 14 states count absentee/mail-in ballots postmarked by Election Day if they arrive within a set period of time after the election. Twenty-nine states allow at least some absentee/mail-in ballots from military or overseas voters to be counted if they arrive after Election Day.

The issue of when absentee/mail-in ballots must be received in order to be counted has been an area of debate in recent years.

Besides Ohio, three states have passed legislation this year requiring absentee/mail-in ballots to be received by the close of polls on Election Day: Kansas, North Dakota, and Utah. North Dakota and Utah both have Republican trifectas. In Kansas, the Republican-controlled legislature overrode Democratic Gov. Laura Kelly's veto.

Last month, the U.S. Supreme Court agreed to hear Watson v. Republican National Committee, a case challenging the legality of a Mississippi law permitting absentee ballots postmarked by Election Day to be counted if they are received within five business days after the election.

In March, President Donald Trump (R) issued an executive order instructing the attorney general to take action to prevent states from counting absentee/mail-in ballots that arrive after Election Day. The order has since been challenged in court.

In the wake of Trump’s executive order, officials at the U.S. Department of Justice sent a letter to Ohio Attorney General Dave Yost (R) warning of a potential federal lawsuit if the state did not change its ballot receipt deadline, according to reporting from Ohio Public Media’s Karen Kasler. 

Supporters of the bill argued that it aligns Ohio law with most states and provides a clearer deadline for voters.

“The arguments about what the federal law says or not have never been my primary motivation behind this,” Secretary of State Frank LaRose (R) said. “My primary motivation for doing this is to make sure that Ohio is very clear with an easy to remember date.”

Opponents argued that close races in Ohio could be decided by not counting ballots that arrive after Election Day and that it would invalidate ballots that were otherwise lawfully cast.

“We are punishing voters and changing the rules, essentially throwing out ballots simply because of delays in the mail,” said state Rep. Allison Russo (D). 

The legislation passed the Ohio House of Representatives on Nov. 19 on a 61-30 vote, with 61 Republicans voting in favor and 28 Democrats and two Republicans voting in opposition. Later that day, the bill passed the Ohio Senate on a 23-10 vote, with 23 Republicans voting in favor and all Democrats and one Republican voting in opposition.

SB 293 also makes other changes to Ohio’s election laws. To read more about the bill, click here.

SB 293 is the third election-related bill enacted in Ohio this year.