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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

NEOCH v. Husted

Case Information

Date Filed: October 24, 2006
State: Ohio
Issues: Voter ID, Provisional Ballots
Current Court: U.S. Court of Appeals, 6th Circuit (Case 12-4354)

Issue:

Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Current Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.

Status:

Emergency motion for stay of district court order pending appeal filed 11/14/12. Order granting stay filed 11/16/12. Letter setting briefing schedule filed 11/8/13. Joint Motion of Settlement for Indicative Ruling to Effects filed 1/14/14. Order Granting Motion to Vacate filed 1/31/14. Ordering granting Motion f for Extension of Time filed 2/4/14. Order for Limited Remand filed 2/7/14. Notice that appeal dismissed filed 3/7/14. Plaintiffs' Motion to file Second Supplemental Complaint filed 10/30/14. Notice of Appeal filed 11/4/14. Notice of Cross Appeal filed 11/7/14.

Related Cases: State ex rel. Skaggs v. Brunner, SEIU v. Husted

Consolidated Case: Ohio Republican Party v. Brunner

Disclosure: EL@M Senior Fellow Daniel Tokaji is one of the attorneys representing amici League of Women Voters of Ohio and Common Cause of Ohio in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.

District Court Documents