Recent Litigation Documents
Below is a list of important litigation documents that have been added to our site recently. For a complete list of documents for a particular case, please visit the respective case page. You can view all cases EL@M is following by visiting the Major Pending Cases.
- LaRoque v. Holder
Memorandum Opinion Granting Summary Judgment in Favor of U.S. and Defendants-Intervenors (filed 12/22/11)
(Case Page) - The Real Truth About Obama, Inc. v. Federal Election Commission, et al.
Memorandum Opinion Granting the Department of Justice's and Federal Election Commission's Motion for Summary Judgment (filed 6/16/11)
(Case Page) - McComish v. Bennett
Opinion (entered 6/27/11)
(Case Page) - Conservative Party of New York State, et al., v. New York State Board of Elections, et al.
Order & Opinion Denying Motion to Dismiss (5/10)
(Case Page) - Gonzalez v. Arizona; Navajo Nation v. Brewer; Purcell v. Gonzalez
Order Granting Rehearing En Banc (4/27)
(Case Page) - NEOCH v. Husted
Appellee's Brief (4/27)
(Case Page) - U.S. v. McGregor et. al.
Defendant Gilley's Guilty Plea (4/22)
(Case Page) - NEOCH v. Husted
Appellant's Brief (3/30)
(Case Page) - NEOCH v. Husted
Appellant's First Brief (3/25)
(Case Page) - Hunter v. Hamilton County Board of Elections
Order Denying Rehearing En Banc (3/29)
(Case Page) - Maksym v. Board of Elections Commissioners of the City of Chicago
Appellant's Reply Brief (3/11)
(Case Page) - LaRoque v. Holder
Appelllee's Brief [2] (3/7)
(Case Page) - LaRoque v. Holder
Appellee's Brief (3/7)
(Case Page) - Conservative Party of New York State, et al., v. New York State Board of Elections, et al.
Answer to Amended Complaint (2/18)
(Case Page) - Hunter v. Hamilton County Board of Elections
Petition for Rehearing En Banc (2/10)
(Case Page) - Conservative Party of New York State, et al., v. New York State Board of Elections, et al.
Order Denying Motion to Dismiss (2/10)
(Case Page) - LaRoque v. Holder
Appellant Brief (2/4)
(Case Page) - LaRoque v. Holder
Order Setting Briefing Schedule (1/14)
(Case Page) - Shelby County, Alabama v. Holder
Holder's Motion in Opposition to Motion for Summary Judgment (1/14)
(Case Page) - State of Ohio ex rel. John W. Painter and John Williams v. Jennifer L. Brunner, Secretary of the State of Ohio, and the Board of Elections of Hamilton County, Ohio
Order Granting Writ of Mandamus (1/7)
(Case Page)
Commentary
Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments
Owen Wolfe
A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.
This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.
more commentary...