OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

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 16-3537)

Issue:

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?

Status:

Opinion and Order Granting Summary Judgment to Defendant issued 3/16/15. Opinion and Order finding Ohio minor party ballot access law constitutional filed 10/16/15. Motion for Summary Judgment as to Count 7 by Defendant Husted on 10/30/15. Opinion and order on discovery issues filed 2/5/16. Opinion and order granting summary judgment to defendant filed 5/20/16. Notice of Appeal filed 5/20/16. Appellant's brief filed 6/21/16. State's Appellee brief filed 7/7/16. Gregory Felsoci's Appellee brief filed 7/7/16. Appellant's reply brief filed 7/11/16. Opinion and Judgment affirming District Court filed 7/29/16. Motion to Stay Judgment filed 8/1/16. 6th Circuit Order Denying Motion for Stay filed 8/22/16. Application for Stay and Emergency Injunction filed in U.S. Supreme Court 8/23/16. Order Denying Stay filed 8/29/16.

District Court Documents

Court of Appeals Documents

Court of Appeals Documents (as to denial of TRO)

 

Court of Appeals Documents (Third Appeal)

 

Court of Appeals Documents (Subsequent Appeal)

 

U.S. Supreme Court Documents

Commentary

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

more commentary...

In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...