What court decision means for May 3 primary

On Mar 18, 2022

A voter casts a ballot during early voting at the Franklin County Board of Elections in Columbus in November.

Secretary of State Frank LaRose said Thursday that it’s impossible to hold a May 3rd primary with state House and Senate races after the Ohio Supreme Court struck down a third set of legislative maps.

In a letter to lawmakers and Gov. Mike DeWine, LaRose said election officials would proceed with plans for a May 3rd primary with statewide, local and congressional races unless otherwise instructed.

He also directed local boards of election not to send or alter any ballots because of pending litigation, even though military and overseas ballots are supposed to go out Friday under federal law. Gov. Mike DeWine signed legislation last week that would allow Ohio to send them as late as April 5, but federal officials have yet to greenlight that plan.

LaRose blamed the chaos on various lawsuits that he said aim to confuse voters and postpone the election. He also accused President Joe Biden’s administration of intentionally delaying U.S. Census data required to begin the mapmaking process last year. The Census Bureau was already behind during President Donald Trump’s administration due to COVID-19.

“As I’ve often stated in recent weeks, I believe the motive is entirely political, and the strategy is being bankrolled by out-of-state special interests ultimately seeking court-ordered gerrymandering for partisan advantage,” he wrote.

The court rejected the maps on Wednesday, sending the Ohio Redistricting Commission back to the drawing board for the fourth time. Chief Justice Maureen O’Connor, a Republican, was once again the deciding vote. A ruling on the latest congressional maps is expected any day.

“To say that many members are disappointed in the decision would be the understatement of the year,” Rep. Bill Seitz, R-Cincinnati, said. Rep. Scott Wiggam even tweeted about impeaching Chief Justice Maureen O’Connor.

Meanwhile, GOP voters suing in federal court asked for some relief.

“With a state primary election less than seven weeks away, Ohio has no redistricting map, no state legislative districts, and no hope of a solution,” attorney Don Brey wrote in a Thursday motion to appoint a three-judge panel to potentially impose the recently rejected maps. “The state redistricting process has failed. This Court is the only avenue left to protect the constitutional voting rights of Plaintiffs and millions of Ohioans.”

Barring any court-ordered action, officials must now decide between two complicated and potentially costly options: postponing the election or splitting up the primary. House Republicans held a brief call Thursday to discuss the ruling, but Seitz said they didn’t make any decisions about the primary.

“I don’t think that they expected this to happen,” Rep. Jessica Miranda, D-Forest Park, said. “I think they’re just used to being in a place where they’re not held accountable.”

What would two primaries mean?

The state could proceed with a May 3rd primary only for statewide candidates, local candidates and issues because those aren’t subject to district boundaries. A second election for legislative and congressional candidates could be held at a later date, giving officials more time to finalize maps.

But that’s an expensive prospect. LaRose estimated it could cost taxpayers an extra $20 million to $25 million, and lawmakers already approved $9.2 million to help election officials get ready for May 3.

Democrats and voting rights groups have been pushing the GOP-controlled Legislature for weeks to postpone the primary and contend that’s the best path forward. However, some Republicans are frustrated with the court and say the Legislature should proceed with plans for May 3 despite Wednesday’s ruling.