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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

SEIU v. Husted

Case Information

Date Filed: June 22, 2012
State: Ohio
Issue: Provisional Ballots
Current Court: U.S. District Court for the Southern District of Ohio (Case 2:12-cv-562)

Issue:

Whether the failure to ensure that all provisional ballots are properly counted violates the 14th Amendment, the right to vote, the 17th amendment and/or federal voting statutes.

Status:

Complaint and Motion for Preliminary Injunction filed 6/22/12. Answer to Second Amended Complaint filed 8/7/12. Plenary Opinion and Order issued 8/27/12. State of Ohio's Motion to Intervene filed 9/4/12. State of Ohio's and Secretary of State's Notices of Appeal filed 9/6/12. Motion to dismiss state's appeal filed 9/7/12. State's response to motion to dismiss filed 9/7/12. State's brief and Secretary Husted's brief filed 9/14/12. SEIU's brief filed 9/21/12. State of Ohio's appeal dismissed for lack of standing 9/28/12. Oral argument held 10/1/12. Sixth Circuit Opinion issued 10/11/12. District Court Opinion and Order granting motion for preliminary injunction filed 10/26/12. Appellants Emergency Motion to Stay Injunction pending appeal filed 10/26/12. Stay issued by 6th Circuit 10/31/12. Plaintiffs' Joint Notice of Husted's Directive filed 11/2/12. State's memorandum in opposition filed 11/6/12. Petition for en banc rehearing filed 11/15/12. Order denying petition for en banc rehearing filed 12/5/12. Letter Revising Briefing Schedule filed 1/7/13. Briefing Schedule Extended 5/15/13. Order Dismissing Appeal and Denying Vacatur filed 9/27/13. Joint Motion for  Indicative Ruling to Effect Terms of Settlement on Appeal filed 1/14/14. Order granting Motion to vacate filed 1/31/14. Order vacating Nov. 13, 2012 Order filed 2/7/14.

Related Cases: NEOCH v. Husted

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

Court of Appeals Documents

Commentary

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...