"Plaintiffs introduced extensive evidence that a significant number of Ohio voters will in fact be precluded from voting without the additional three days of in-person early voting. The district court credited statistical studies that estimated approximately 100,000 Ohio voters would choose to vote during the three-day period before Election Day, and that these voters are disproportionately “women, older, and of lower income and education attainment.”
According to the web site ThinkProgress, "The district court concluded that the burden on Plaintiffs was “particularly high” because their members, supporters, and constituents represent a large percentage of those who participated in early voting in past elections. The State did not dispute the evidence presented by Plaintiffs, nor did it offer any evidence to contradict the district court’s findings of fact. Plaintiffs did not need to show that they were legally prohibited from voting, but only that “burdened voters have few alternate means of access to the ballot.”
The State argues that the burden on non-military voters is slight because they have “ample” other means to cast their ballots, including by requesting and mailing an absentee ballot, voting in person prior to the final weekend before Election Day, or on Election Day itself. However, the district court concluded that because early voters have disproportionately lower incomes and less education than election day voters, and because all evening and weekend voting hours prior to the final weekend were eliminated by Directive 2012-35, “thousands of voters who would have voted during those three days will not be able to exercise their right to cast a vote in person.”"
The state may still choose to appeal the decision to the full Sixth Circuit Court or to the US Supreme Court. A similar effort to disenfranchise up to 200,000 Ohio voters in 2008 was eventually blocked by the U.S. Supreme Court.