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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: Southern District of Ohio (Case 2:13-CV-00953)

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:

Complaint filed 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. Libertarian Party's Reply Brief filed 4/13/14.  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. Order denying Stay Request filed 5/1/14. Order denying rebanc hearing filed 6/4/14. Mandate filed 6/12/14. Plaintiffs' Motion to Compel Production from Secretary filed 7/8/14. Order granting Motion to Compel filed 7/11/14. Defendants' Objection to Order filed 7/18/14. Order overruling objection to Magistrate's opinion, granting plaintiff's motion to compel, and denying motion for protective order filed 7/24/14. Order denying Motion to Compel filed 7/31/14. Order granting Motion to Compel filed 8/12/14. Intervenor Plaintiffs Motion for Summary Judgment filed 8/15/14. Plaintiffs' Motion for Attorney Fees filed 8/18/14. Plaintiffs' Motion to Quash Subpoenas Duces Tecum filed 8/24/14. Intervenor-Defendant's Response to Plaintiff's Motion for Protective Order filed 8/29/14. Plaintiff's Third Amended Complaint filed 9/11/14. Defendants' Motion for Summary Judgment filed 9/17/14. Order denying Plaintiff's Motion for TRO filed 9/24/14. Answer to Amended Complaint filed 9/29/14. Opinion and Order Denying Motion for Preliminary Injunction filed 10/17/14. Plaintiff's Motion for Summary Judgment filed 10/23/14. Defendant's Cross Motion for Summary Judgment filed 11/13/14. Intervenor Defendant's Motion for Sanctions filed 11/26/14. Order granting Motion to Quash filed 12/08/14. Plaintiff's Motion for Sanctions against Intervenor-Defendant filed 12/23/14.  Order denying Motions for Sanctions filed 1/09/15. 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.

District Court Documents

Court of Appeals Documents

Court of Appeals Documents (as to denial of TRO)

 

Court of Appeals Documents (Third Appeal)

 

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

more info & analysis...