1. Help
2. Campus map
3. Find people
4. Webmail
5. Search Ohio State

• About
  EL@M
  • About Us
  • Experts by Topic
• Faculty
  • Edward B. "Ned" Foley
  • Daniel P. Tokaji
  • Terri L. Enns
  • Steven F. Huefner
  • Donald B. Tobin
  • EL@M Fellows
  • EL@M Staff
  • Experts by Topic
• Election Law
  Litigation
  • Major Pending Cases
  • Archived Cases
• Current
  Features
  • 2008 Primary Post-Election Timeline
  • Voting Machine Issues Nationwide (2008)
  • From Registration to Recounts (Book)
  • Voter ID Litigation Nationwide
  • Major Election Law Reports
  • Equal Vote
  • Free & Fair
  • Weekly Teleconference
  • Featured Comments
• Archived
  Features
  • 50 Questions for 5 Key States
  • 2006 Election Overview
  • 2006 Recount Roundup
  • 2006 Ohio Primary Problems
  • 2006 Voting Technology Nationwide
  • 2006 Election Podcasts
  • Electronic Roundtable '06
  • Ohio Voter Registration Regulations
  • e-Book
  • Past Case Decisions
  • 2005 Redistricting Developments
• Biweekly
  Update
  • Subscribe
• Related
  Links
• Media
  Information
• A Joint Project with the
  Moritz Law Library

Harkless v. Blackwell

(page last updated August 19, 2008 at 2:55 PM)

Case Information

Current Court: U.S. Court of Appeals, 6th Circuit (Case 07-3829)
All Courts: U.S. District Court for the Northern District of Ohio (Case 1:06-cv-02284-PAG); U.S. Court of Appeals, 6th Circuit (Case 07-3829)
Topic(s): Voter Registration
State: Ohio
Date Filed: September 21, 2006

Issue:

Whether Secretary of State Kenneth Blackwell and other state officials have violated the National Voter Registration Act by failing to make voter registration applications available at certain social service agencies.

Status:

Motion to Dismiss Granted 12/28/06. Motion for Reconsideration of Opinion filed 1/12/07. Response filed 2/26/07. Appeal filed 6/6/07.  Oral arguements were held on 6/12.

Court of Appeals Documents

• BRIEFING LETTER SENT setting briefing schedule: appellant brief due 8/7/07 ; appellee brief due 9/10/07 ; reply brief due 9/27/07; appendix due 10/4/07 ; all final briefs due 10/25/07 (entered 6/28/07)
• Briefing Letter Sent by CONFERENCE ATTORNEY'S OFFICE resetting briefing schedule: appellant brief now due 8/21/07 ; appellee brief due 9/24/07; reply due 10/11/07; joint appendix due 10/18/07; all finals due 11/8/07 (entered 7/9/07)
• Statement of Issues (filed 7/12/07) [not available].
• Briefing Letter Sent by CONFERENCE ATTORNEY'S OFFICE resetting briefing schedule: appellant brief now due 9/24/07 ; appellee brief now due 10/29/07 ; reply brief now due 11/15/07; appendix now due 11/26/07 ; all final briefs now due 12/17/07 (entered 8/7/07)
• BRIEFING LETTER SENT resetting briefing schedule: appellant brief now due 10/26/2007. appellee brief now due 12/10/2007. joint appendix now due 01/04/2008. final appellant brief now due 01/24/2008. final appellee brief now due 01/24/2008 (entered 10/11/07)
• APPELLANT PROOF BRIEF (filed 10/29/07) [not available]
• AMICUS BRIEF filed by Mr. Dirk C. Phillips (filed 11/7/07)
• APPELLEE PROOF BRIEF (filed 12/12/07) [not available]
• Appellant MOTION to extend time to file brief (filed 1/14/08) [not available]
• LETTER SENT granting motion to extend time to file brief (entered 1/16/08) [not available]
• PROOF REPLY BRIEF filed by Appellants (filed 1/22/08)
• APPELLEE PROOF BRIEF (filed 2/1/08)
• APPELLEE FINAL BRIEF (filed 2/5/08)
• APPELLEE FINAL BRIEF (filed 2/19/08)
• FINAL REPLY BRIEF (filed 2/19/08)
• Oral argument date set for 9:00 a.m. June 12, 2008 (4/11/08)
• Oral argument acknowledgement filed by Attorney Mr. Henry G. Appel for Appellee Helen E. Jones-Kelley . [07-3829, 07-4165] (filed 4/22/08)
• Oral argument acknowledgement filed by Attorney Mr. Neil A. Steiner for Appellants Association of Community Organizations for Reform Now, Tameca Mardis and Carrie Harkless. [07-3829, 07-4165] (filed 4/22/08)
• Oral argument acknowledgement filed by Attorney Mr. Michael D. Meuti for Appellee Jennifer Brunner. [07-3829, 07-4165] (filed 4/22/08)
• CAUSE ARGUED by Mr. Neil A. Steiner for Appellants Association of Community Organizations for Reform Now. (filed 6/12/08)

District Court Documents

• Complaint (filed 9/21/06)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
• Case Management Conference Scheduling Order with CMC set for 11/17/06 (filed 10/4/06)
• Motion to Dismiss filed by Barbara Riley (filed 10/16/06)
• Motion to Dismiss filed by Kenneth Blackwell (filed 10/16/06)
• Consent Report of Parties' Planning Meeting filed by Barbara Riley (filed 11/14/06)
• Amended Report of Parties' Planning Meeting filed by Barbara Riley (filed 11/14/06)
• Opposition to Motion to dismiss, filed by all plaintiffs (filed 11/17/06)
  • Exhibit 1
• Notice of Filing Statement Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure filed by all plaintiffs (filed 11/17/06)
• Case Management Order (entered 11/22/06)
  • Non-expert discovery due by 4/30/07.
  • Expert Reports exchanged by 5/15/07 for plaintiff and 6/15/07 for defendant and Expert discovery due by 7/15/07.
  • Parties to be Joined and Pleading Amendments due by 3/15/07.
  • Dispositive Motions due by 8/15/07.
  • Status Conference set for 3/12/07
• Reply to response to Motion to dismiss filed by J. Kenneth Blackwell (filed 12/7/06)
• Reply to response to Motion to dismiss Plaintiff's Complaint filed by Barbara Riley (filed 12/7/06)
• Memorandum of Opinion and Order granting Barbara Riley's and Kenneth J. Blackwell's Motions to dismiss (entered 12/28/06)
• Judgment Entry in favor of defendants and against plaintiffs (entered 12/28/06)
• Motion for reconsideration of the Opinion to extent it granted Defendants' Motions to Dismiss the Complaint in this action filed by all plaintiffs. (filed 1/12/07)
• Memorandum In Support of Motion for reconsideration. (filed 1/12/07)
  • Exhibit A
  • Exhibit B Part 1
  • Exhibit B Part 2
• Response to Motion for reconsideration of the Opinion to extent it granted Defendants' Motions to Dismiss the Complaint in this action (filed 2/23/07)
• Opposition to Motion for reconsideration of the Opinion to extent it granted Defendants' Motions to Dismiss the Complaint in this action (filed 2/26/07)
  • Appendix
• Stipulated Motion for extension of time until April 9, 2007 to to file their reply brief in further support of their motion for reconsideration filed by all plaintiffs (filed 3/9/07)
• Order [non-document]: Stipulation Extension Allowing Plaintiffs to File Their Motion for Reconsideration Reply is granted to 4/9/07 (entered 3/12/07)
• Proposed Stipulation allowing Plaintiffs until April 13, 2007 to file Motion for Reconsideration Reply filed by all plaintiffs (filed 4/9/07)
• Proposed Stipulation allowing Plaintiffs until April 20, 2007 to file their Motion for Reconsideration Reply filed by all plaintiffs (filed 4/13/07)
• Order [non-document]: Stipulation allowing Plaintiffs until April 20, 2007 to file Motion for Reconsideration Reply is Granted (entered 4/17/07)
• Proposed Stipulation allowing Plaintiffs until May 4, 2007 to file their Motion for Reconsideration Reply (filed 4/20/07)
• Order [non-document]: Stipulation will be treated as an unopposed motion. Motion to file a reply brief is granted to 5/4/07 (entered 4/24/07)
• Joint Motion to Stay Action filed by Carrie Harkless, Tameca Mardia, Jennifer Brunner, Helen E. Jones-Kelley (filed 5/4/07)
• Order (entered 5/8/07)
  • The parties' Joint Request to Stay Action is treated as a joint request to stay resolution of the pending Motion for Reconsideration. The request is GRANTED. This case was removed from the active docket upon issuance of the Memorandum of Opinion and Order and Judgment Entry of December 28, 2006. The pending Motion for Reconsideration is hereby termed as MOOT. In the event the parties wish to proceed with the Motion for Reconsideration, plaintiff shall re-file the motion.
• Motion for reconsideration of the Memorandum of Opinion and Order dated December 28, 2006, filed by Plaintiffs (filed 6/6/07)
• Memorandum In Support of Motion for reconsideration of the Memorandum of Opinion and Order dated December 28, 2006, filed by Plaintiffs (filed 6/6/07)
  • Exhibit A
  • Exhibit B (part 1)
  • Exhibit B (part 2)
• NOTICE OF APPEAL as to Order on Motion for reconsideration, Order on Motion to dismiss, Judgment by Plaintiffs (filed 6/6/07)
  • Exhibit A
  • Exhibit B
  • Exhibit C
• Opposition to Motion for reconsideration of the Memorandum of Opinion and Order dated December 28, 2006 (filed 6/26/07)
  • Exhibit
• Response to Motion for reconsideration of the Memorandum of Opinion and Order (filed 6/26/07)
• Acknowledgment from the USCA for Sixth Circuit of receipt of Notice of Appeal (entered 7/5/07)
• Reply in Support of Motion for reconsideration of Memorandum of Opinion and Order (filed 7/11/07)

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631