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Litigation

 

Ohio A. Philip Randolph Institute and NEOCH v. Husted

Case Information

Date Filed: April 6, 2016
State: Ohio
Issues: Voter Eligibility, Voter Supression
Current Court: United States Court of Appeals for the Sixth Circuit (Case 16-3746)

Issue:

Whether the removal of eligible voters from Ohio’s voter-registration rolls, as a result of those voters’ decisions not to participate in recent elections, violates the roll-maintenance provisions of the National Voter Registration Act and has caused eligible Ohio citizens to be deprived of the right to vote.

Status:

Complaint  04/06/2016. Answer filed 4/28/16. Amended complaint filed 5/17/16. Defendant's merit brief filed 5/24/16. Plaintiffs' motion for summary judgment and motion for permanent or temporary injunction filed 5/24/16. Order denying Plaintiffs' motion for summary judgment and permanent or temporary injunction, and entering judgment for defendant filed 6/29/16. Appellants' brief at 6th Circuit filed 7/13/16. Appellee's brief filed 7/20/16. 6th Circuit Opinion Reversing District Court filed 9/23/16. District Court Opinion and Order implementing remedies consistent with Sixth Circuit Opinion filed 10/19/16. Petition for Writ of Certiorari filed 2/13/17.

Disclosure: EL@M Senior Fellow Daniel Tokaji is involved in this case as one of the cooperating attorneys for the ACLU of  Ohio. 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

6th Circuit Court of Appeals Documents

 

U.S. Supreme Court Documents

 

 

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

more info & analysis...