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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

NAACP v. Husted

Case Information

Date Filed: May 1, 2014
State: Ohio
Issue: Early Voting
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:14-cv-404); U.S. Court of Appeals for the Sixth Circuit (Case 14-3877)

Issue:

Whether Ohio's reduction of early voting days and elimination of same-day registration violates Equal Protection and Section 2 of the Voting Rights Act.

Status:

Complaint filed 5/1/2014. Preliminary Pretrial Conference set for 7/2/14. Answer filed 5/23/14. Motion for Preliminary Injunction filed 6/30/14.Plaintiffs' Filing of Amended Declaration filed 7/1/14. Order filed 7/2/14. Ohio General Assembly's Motion to Intervene filed 7/11/14. Order denying Ohio General Assembly's Motion to Intervene filed 7/3014. Emergency Motion for Reconsideration as to Motion to Intervene filed 7/30/14. Order denying Motion for Reconsideration filed 7/31/14. Memorandum Opinion and Order Granting Motion for Preliminary Injunction filed 9/4/14. Sixth Circuit order expediting review filed 9/11/14. Sixth Circuit order denying stay pending appeal filed 9/12/14. Appellants' Brief filed 9/15/14. Appellees' Brief filed 9/19/14. Opinion affirming District Court filed 9/24/14. Emergency Petition for Rehearing En Banc filed 9/24/14. Appellees' response to emergency petition filed 9/25/14. Emergency Application of Husted and DeWine for Stay filed 9/25/14 in U.S. Supreme Court. Emergency Application of Ohio General Assembly filed in U.S. Supreme Court 9/25/14. Response of NAACP et al filed 9/27/14. Reply of Husted and DeWine filed 9/28/14. Order Granting Stay filed 9/29/14. Ohio General Assembly's Third Motion to Intervene filed 11/10/14. Plaintiffs' Opposition to Motion to Intervene filed 11/25/14. Opinion and Order Denying Motion to Intervene filed 11/26/14. Circuit Court's Order vacating and remanding order denying motion to intervene filed 12/19/14. Order granting Motion to Intervene filed 1/14/15. Settlement agreement filed 4/17/15. Plaintiffs' Stipulation of Dismissal filed 4/17/15.

 

District Court Documents

 

Court of Appeals Documents (Motion to Intervene)

 

Court of Appeals Documents

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. 

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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.”

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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.

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