OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz



Libertarian Party of Ohio v. Husted

Case Information

Date Filed: September 25, 2013
State: Ohio
Issue: Ballot Access
Current Court: United States Court of Appeals for the Sixth Circuit (Case 14-03030)


Issue 1:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions  violate the First Amendment?

Issue 2:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions, as applied,  violate the First Amendment?


Complaint file 9/25/13. Motion for Preliminary Injunction filed 9/26/13. Motion for Intervention by State of Ohio filed 10/3/13. Opinion and Order granting preliminary injunction filed 11/14/13. Motion to Intervene by Hart et al filed 11/27/13. Husted's answer filed 11/29/13. Ohio's answer filed 11/29/13. Intervenors' motion for TRO and preliminary injunction filed 12/3/13. Opinion and Order granting preliminary injunction filed 1/7/14. Husted Answer and Affirmative Defenses filed 1/9/14. Ohio Answer and Affirmative Defenses filed 1/9/14. Notice of Appeal from Order Granting Preliminary Injunction filed 1/10/14. Appeal Dismissed on 2/21/14. Plaintiff's Amended Complaint filed on 3/7/14. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed 3/7/14. Defendant's Notice of Related Case in Ohio Supreme Court filed 3/11/14. Defendant's Opposition to Temporary Restraining Order and Preliminary Injunction filed 3/11/14. Order denying Plaintiffs' Motion for TRO filed on 3/19/14. Plaintiffs' Notice of Appeal as to Order denying Motion for TRO filed 3/19/14. Order denying Motion to Stay filed 3/20/14. Motion for Emergency Injunction and Expedited Appeal filed 3/20/14. Order denying Emergency Injunction and granting Expedited Appeal filed 3/21/14. Plaintiff's Second Amended Complaint filed 3/26/14.  Appellant Brief filed 3/30/14. Husted and State of Ohio's Answer to Amended Complaint filed 4/9/14. Oral Argument set for 4/22/14. Opinion and Order Affirming District Court filed 5/1/14. Motion for Stay filed 5/1/14. Order Denying Stay filed 5/1/14. Status Conference for District case to be held on 6/5/2014.

District Court Documents

Court of Appeals Documents

Court of Appeals Documents (as to denial of TRO)



Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Tokaji and Strause release The New Soft Money: Outside Spending in Congressional Elections

Dan Tokaji and Renata Strause will release their report on independent spending, entitled The New Soft Money: Outside Spending in Congressional Elections on Wednesday, June 18.  The report includes interviews with former Members of Congress, such as Senators George Allen, Kent Conrad, and Ben Nelson, and Representatives Mark Critz, Tim Holden, Steve LaTourette, and Joe Walsh, as well as recent congressional candidates, campaign staff, political operatives, legislative staff, and representatives of outside groups. See here for details.

more info & analysis...