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: 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.

District Court Documents

Court of Appeals Documents

Court of Appeals Documents (as to denial of TRO)

 

Court of Appeals Documents (Third Appeal)

 

Commentary

Edward B. Foley

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

Daniel P. Tokaji

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...