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SHELBI HINDEL; BARBARA PIERCE; MARIANNE DENNING; THE NATIONAL FEDERATION OF THE BLIND, INC.,
Plaintiffs-Appellants,
v.
JON HUSTED, Ohio Secretary of State,
Defendant-Appellee.
   No. 17-3207
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:15-cv-03061—George C. Smith, District Judge.
Argued: October 12, 2017
Decided and Filed: November 13, 2017
Before: SUHRHEINRICH, GRIFFIN, and KETHLEDGE, Circuit Judges.


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OPINION
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GRIFFIN, Circuit Judge. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq., provides important safeguards protecting the rights of the disabled. In this appeal, plaintiffs claim Ohio’s paper-ballot absentee voter system discriminates against the blind, in violation of Title II of the ADA. Under the Ohio scheme, blind voters must seek the aid of a sighted person in order to vote absentee, thus depriving them of the ability to vote anonymously. Plaintiffs propose that the State of Ohio provide blind voters with an online absentee ballot in lieu of a paper one, and adopt online ballot marking tools used in other states for blind voters. The district court granted judgment on the pleadings in favor of defendant Ohio Secretary of State, ruling that plaintiffs’ proposed accommodation would fundamentally alter Ohio’s voting program. Because the district court based its ruling on defendant’s mere allegation of an affirmative defense without any evidentiary support, we reverse and remand for further proceedings consistent with this opinion.