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Ohio Governor Mike DeWine eliminates the ballot grace period citing legal concerns. New legislation requires all mail-in votes to arrive by Election Day.
According to various local media reports, DeWine has signed Senate Bill 293 into law. It officially eliminates the state’s longstanding ballot grace period for mail-in votes.
The legislation, signed on December 19, mandates that all absentee ballots must be received by county boards of elections by the close of polls on Election Day. Only then will they be counted.
Previously, Ohio allowed ballots postmarked by the day before the election to be counted if they arrived up to four days later.
DeWine explicitly stated he signed the measure “reluctantly” and expressed personal support for the existing window.
He cited a pending U.S. Supreme Court case involving a similar Mississippi law as the primary driver for his decision. He fears that a federal ruling striking down grace periods next summer could cause “chaos” for Ohio’s 2026 election cycle.
Legal fears prompt end of ballot grace period
The Governor’s decision centers on a legal challenge emerging from the U.S. Court of Appeals for the Fifth Circuit. This court recently struck down Mississippi’s post-election receipt window.
DeWine argued that if the Supreme Court were to uphold that ruling in June 2026, Ohio would be left scrambling to adjust its laws just months before the general election. He warned this could create a bifurcated system where federal and state races operate under different rules.
“I believe that this four-day grace period is reasonable, and I think for many reasons it makes a lot of sense,” DeWine told reporters at the signing. “Therefore, I normally would veto a repeal of this four-day grace period. And, frankly, that’s what I wish I could do.”
Despite these reservations, he concluded that signing Senate Bill 293 was the only way to ensure uniformity and avoid potential confusion for voters and poll workers alike.
Critics argue the new rule disenfranchises voters
Voting rights advocates and Democratic lawmakers have strongly condemned the move. They argue that eliminating the ballot grace period punishes voters for delays within the U.S. Postal Service.
Organizations such as the League of Women Voters of Ohio and the ACLU of Ohio have pointed out that thousands of valid votes arrive during the grace period in every election.
According to data reported by Signal Ohio, over 9,500 ballots arrived during the grace period in the November 2024 election alone. Under the new law, those votes would be discarded. This applies even if the voter mailed them well in advance.
Critics contend that this change creates an unnecessary barrier for rural voters, seniors, and those with limited mobility. These groups rely heavily on mail-in voting.
Changes to Ohio voting landscape
This legislation marks the second time in three years that Ohio has tightened its mail-in voting deadlines. In January 2023, DeWine signed House Bill 458, which reduced the ballot grace period from ten days to four.
At that time, the Governor indicated he considered the election law issues “settled.” Now, he has reversed this stance due to the shifting federal legal landscape.
Senate Bill 293 also introduces other administrative changes. However, the removal of the post-election receipt window is the most significant alteration for the average voter. Ohioans will now need to ensure their mail-in ballots are sent significantly earlier. Alternatively, they can utilize the single secure drop box available in each county. This ensures their vote is counted by Election Day.
Preparation for the 2026 election cycle
State election officials must now educate the public about the new hard deadline before the May 2026 primaries. Since the law eliminates the ballot grace period, the Ohio Secretary of State’s office plans to launch an informational campaign urging voters to ‘mail early’ or vote in person.
Proponents of the bill argue that a hard Election Day deadline increases public confidence in results. They believe it speeds up the final count.
For more detailed information on voting requirements and deadlines, voters can visit the official Ohio Secretary of State website.
Also read:
Early Voting: Why Casting Your Ballot Early Strengthens Democracy
