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2022 Ohio Undue Hardship Waiver Request

1. State name: Ohio

2. Chief State Election Official (CSEO):

a. First Name: Frank Last Name: LaRose

b. Title: Secretary of State

c. Address: 22 North Fourth Street

d. Address: 16th Floor

e. City: Columbus State: Ohio Zip: 43215

f. Email: SecretaryLaRose@OhioSoS.gov Phone: 614-466-0816

_______________________________________________2/26/2022______

Signature (digital signature accepted) Date

3. Preferred State Election Contact:

a. First Name: Amanda Last Name: Grandjean

b. Title: Director of Elections and Deputy Assistant Secretary of State

c. Address: 22 North Fourth Street

d. Address: 15th Floor

e. City: Columbus State: Ohio Zip: 43215

f. Email: agrandjean@ohiosos.gov Phone: 614-466-3899

4. Acknowledgement of UOCAVA voters’ right to vote

Ohio recognizes that the purpose of 52 USC 20302(a)(8)(A) is to allow absent uniformed 

service voters and overseas voters sufficient time to vote in an election for Federal office.

Type initials: __AMG__ Date:__2/26/2022__

5. Type of hardship claimed (check one):

□ (g)(2)(B)(i) Undue hardship due to a late primary. 

(g)(2)(B)(ii) Undue hardship due to a legal challenge 

□(g)(2)(B)(iii) Undue hardship caused by a State constitutional prohibition.

6. Please indicate the location in the package that identifies your plan to resolve the 

problem: 

Appendix A

7. Please indicate the location in the package that contains the section in the comprehensive 

plan identifying the State’s explanation for the necessity of the waiver request:
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Appendix B

8. On what date(s) will the State require ballots to be available and sent? 

At this time, the Ohio Redistricting Commission has not adopted a Congressional 

district map approved by the Ohio Supreme Court, and legal contests in state and 

federal court are ongoing. Ohio will provide the date the ballots will be available to 

be sent for the offices of Representative to Congress, State Senator, State 

Representative, and Member of State Central Committee as soon as congressional 

maps are established and legal contests regarding state and congressional 

redistricting are resolved. However, given all of this, it would be our goal to have 

UOCAVA ballots ready by April 5, 2022, the start of non-UOCAVA absentee voting 

in Ohio. If any of the circumstances outside of our Office’s control change, we will 

let you know as soon as possible. Please note that this still permits UOCAVA voters 

38 days to return their absentee ballot to their board of elections. In many states, 

there are only 45 days for UOCAVA voters to return their absentee ballots under 

the standard timeline. 

9. Please indicate the location in the package that contains the section in the comprehensive 

plan identifying how the State plans to provide sufficient time for UOCAVA voters, who 

have timely submitted an absentee ballot request, to receive, mark, and return their ballots 

in time to have those ballots counted.

Appendix C

10. If included, indicate the location in the package that contains the section in the 

comprehensive plan identifying how the State plans to resolve the underlying issue prior 

to the next election for Federal office, including steps already taken, to be taken, 

timelines, and supporting documentation.

N/A

11. If requesting a (g)(2)(B)(i) and/or (g)(2)(B)(iii) waiver, explain why there has not been a 

resolution of this issue(s) between enactment of the MOVE Act and the date of this 

waiver request.

N/A
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Appendix A: Comprehensive Plan Summary

As a result of a delay from the U.S. Census Bureau and state and federal litigation1 over 

new legislative districts, as of the date of submission of this waiver, the Ohio Redistricting 

Commission has yet to adopt a congressional district map. Once adopted, the Ohio Supreme Court 

will determine whether the congressional district map complies with state constitutional 

requirements. The Ohio Redistricting Commission adopted a third set of Ohio House and Senate 

district maps on February 24, 2022. Petitioners will almost certainly file objections to the most 

recent set of district maps. The Ohio Supreme Court set a briefing schedule that requires objections 

to be filed no later than February 28, 2022, and responses to the objections no later than three days 

later.

2 There is additional litigation pending in federal court as well. In the event that a court 

invalidates the district maps again, leaving the state once again without legislative districts, there 

is no way to determine who may be eligible to run for those offices, who may be eligible to vote 

for those offices, or construct ballots accordingly. It is important to note that the Office of U.S. 

Senate is not impacted by redistricting. Due to pending litigation and delay in establishing the 

legislative districts, there are two different paths that our Office could direct boards of elections to 

take. 

First Option: A Singular Ballot 

Section 9(C) of Article XI of the Ohio Constitution provides that when the Ohio 

Redistricting Committee adopts a new district plan pursuant to an order of the Supreme Court of 

Ohio, as is currently the case, a candidate is allowed up to 30 days to change their residence to be 

eligible for election in a district in which the candidate may not currently reside. Thirty days from 

February 24, 2022 is Saturday, March 26, 2022. The Ohio Secretary of State’s Office issued a 

form of the ballot directive for all races that are not impacted by redistricting litigation to the 

boards of elections on February 22, 2022. That directive included U.S. Senate, but did not include 

U.S. House of Representatives, Ohio House, Ohio Senate, and Member of State Central Committee

(all of which are dependent on redistricting and resolution of legal contests). The Ohio Secretary 

of State’s Office must issue a second form of the ballot directive following the certification and 

protest deadlines. The earliest that a second form of the ballot directive can be issued is on March 

28, 2022 to include the remaining races. Sending one ballot makes the UOCAVA voter’s 

experience much simpler. Additionally, an absentee ballot may be counted so long as it is received 

by the board of elections by the 10th day following the election (May 13, 2022), so long as their 

ballot is submitted for mailing not later than 12:01 a.m. at the place where the voter completes the 

ballot, on the date of the election.

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Second Option: Two Ballots 

Ohio’s delayed redistricting and unresolved legal contests may require the Ohio Secretary 

of State to send two ballots the May 3, 2022 Primary Election for UOCAVA voters. The offices 

1 See Simon, et al. v. DeWine, et. al, N.D. Ohio No. 4:21-cv-02267-JRA, Gonidakis, et al. v. Ohio Redistricting 

Commission, et al., S.D. Ohio No. 2:22-cv-00773, League of Women Voters of Ohio v. Ohio Redistricting Comm., 

Slip Opinion No. 2022-Ohio-65, and Adams v. DeWine, Slip Opinion No. 2022-Ohio-89. 2 https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2022/2022-Ohio-559.pdf. 3 R.C. 3511.09 and 3511.11.
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for U.S. Senate, statewide offices, county offices, judges, and local question and issues will be 

available 46 days prior to the election. These ballots can be prepared and transmitted to UOCAVA 

voters by the statutory deadline. A separate ballot containing the races for Representative to 

Congress, State Senator, State Representative, and Member of State Central Committee will be 

ready for use after the 46th day prior to the election. The second ballots will be transmitted to 

Ohio’s UOCAVA voters as soon as possible. The Ohio Secretary of State and boards of elections 

will take several steps to mitigate the risk of error and voter confusion: boards of elections will be 

required to send a letter accompanying each ballot explaining the situation and that the voter will 

be receiving two ballots with different races on them, clearly informing them of the deadlines for 

return, and encouraging them to mail the ballots to their boards of elections as soon as possible. 

Universe of Voters Impacted

In May 2018, the last similar U.S. Senate, Congressional, and Gubernatorial Primary 

Election, 1,955 Ohioans requested UOCAVA ballots. The number is expected to be similar for 

this election. However, the current geopolitical climate suggests that additional servicemembers 

may be deployed, which may result in additional UOCAVA ballot requests.

Making Balloting Materials Available Quickly

The Ohio Secretary of State’s Office will lead an information campaign to reduce the 

number of UOCAVA ballots transmitted through traditional postal carriers, eliminating 

significant delays in voters receiving their ballots. The Ohio Secretary of State’s Office and all 

county boards of elections will contact known UOCAVA voters, informing them that due to the 

delay in ballot preparation resulting from redistricting, UOCAVA voters are encouraged to 

provide an email address in order to receive their ballot via email. Similar messages will be 

placed on the homepages for the Secretary of State and every county board of elections.

Additionally, the Ohio Secretary of State’s Office, with all county boards of elections, 

will send similar messages through social media platforms, traditional news media, government 

websites, and other potential sources that may support the message. Finally, the Ohio Secretary 

of State’s Office will seek to work with FVAP and the Overseas Vote Foundation to notify any 

potential Ohio voters of the delays and ask that these agencies encourage voters to request their 

ballot early and receive it via email whenever possible. 

Ultimately, these efforts should result in more UOCAVA voters receiving a ballot 

instantaneously through email, rather than through a longer postal process, providing a longer 

time to vote and return their cast ballot.

Finally, based on this timeline, if Ohio must send two ballots for the May 3, 2022 

Primary Election to UOCAVA voters, the first ballots with the offices for U.S. Senate, statewide 

offices, county offices, judges, and local question and issues can be prepared and transmitted to 

UOCAVA voters by the deadline of 46 days prior to Election Day. A separate ballot containing 

the races for Representative to Congress, State Senator, State Representative, and Member of 

State Central Committee will be ready for use after the 46th day prior to the election. The second

ballots will be transmitted to Ohio’s UOCAVA voters as soon as possible.
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As a combat veteran and Army Reservist himself, and because of his unwavering 

commitment to supporting UOCAVA voters, the Ohio Secretary of State has employed a dedicated 

Military and Veteran Outreach Coordinator who focuses on all UOCAVA voting efforts. Last 

year alone, our Office distributed over 5,000 of what we call “Military Ready to Vote” (“MRV”)

packets modeled off the MRE, which is familiar to all service members. These packets contain 

detailed voting assistance materials including a FPCA. We have also maintained a robust outreach 

effort to Voting Assistance Officers around the world. More than 400 resource packets were sent 

to voting assistance officers in 2021. Our coordinator has built solid relationships with USO 

branches and other veteran service organizations in Ohio, as well as the Ohio National Guard. In 

2022, we became an active part of the Ohio National Guard’s Guard Your Future program. At premobilization events organized by this program, we serve as a resource for service members 

preparing for mobilization. For non-military overseas voters, we have created “Ohio’s Voter 

Passport” program, which distributes a step-by-step guidebook for overseas voters through 

numerous partners.

Appendix B: Undue Hardship Necessitating Waiver Request

As a result of litigation, the Ohio Supreme Court required the new post-decennial census 

districts for Representative to Congress and the Ohio General Assembly to be redrawn multiple 

times.

4 After the new General Assembly districts are established, the following non-exhaustive list 

must still occur before ballots can be transmitted to UOCAVA voters: 30 days must pass for 

individuals to change residence to be eligible for election as required under Article XI, Section 9 

of the Ohio Constitution, potential subsequent protests must be resolved, then the ballots must be 

prepared, proofed, and printed. Moreover, it is unclear when final districts will be established for 

Representative to Congress. While candidates for Representative to Congress do not have the same 

30-day provision, their candidacy is still subject to the same time constraints for potential protests 

and ballot preparation, proofing, and printing.

Due to this ongoing litigation, Ohio’s boards of elections cannot timely prepare ballots that 

include the offices of Representative to Congress, State Senator, State Representative, and Member 

of State Central Committee.

The Ohio Secretary of State repeatedly raised concerns with the Ohio General Assembly 

regarding the redistricting delay and resulting challenges in conducting the primary election on 

May 3, 2022. Ohio law prohibits the Secretary of State from moving the date of an election.5

Unfortunately, state legislative leaders have shown no interest in moving the primary election date 

or bifurcating the election for legislative offices from the election for other statewide and local 

offices. 

Appendix C: Providing sufficient time for UOCAVA voters

Secretary of State Frank LaRose is a combat veteran and a member of the U.S. Army 

Reserve. He has been deployed overseas and was a UOCAVA voter himself. As such, he is 

4 Adams, et al. v. DeWine, et al., Case No. 2021-1428; League of Women Voters of Ohio, et al. v. Ohio Redistricting 

Commission, et al., Case No. 2021-1449 5 R.C. 3501.40.
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absolutely committed to providing as much time as possible for UOCAVA voters to receive, cast, 

and return their ballots. However, Ohio law prohibits the Secretary of State from moving the date 

of an election,

6 receiving a voted UOCAVA ballot electronically,7 or receiving a voted UOCAVA 

ballot beyond the tenth day after Election Day.8 The Secretary of State will continue to advocate 

for legislative changes to expand and protect the voting rights of every one of Ohio’s UOCAVA 

voters for the May 3, 2022 Primary Election.

6 R.C. 3501.40.

7 R.C. 3511.021(A)(4). 8 R.C. 3511.11(C).