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Election Law @ Moritz

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Litigation

 

Libertarian Party of Ohio v. Husted

Case Information

Date Filed: September 25, 2013
State: Ohio
Issue: Ballot Access
Courts that Heard this Case: Southern District of Ohio (Case 2:13-CV-00953); United States Court of Appeals for the Sixth Circuit (Case 14-03030); United States Court of Appeals for the Sixth Circuit (Case 14-3230); United States Court of Appeals for the Sixth Circuit (Case 16-3537)

Issue:

Issue 1:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions  violate the First Amendment?

Issue 2:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions, as applied,  violate the First Amendment?

Status:

Opinion and Order Granting Summary Judgment to Defendant issued 3/16/15. Opinion and Order finding Ohio minor party ballot access law constitutional filed 10/16/15. Motion for Summary Judgment as to Count 7 by Defendant Husted on 10/30/15. Opinion and order on discovery issues filed 2/5/16. Opinion and order granting summary judgment to defendant filed 5/20/16. Notice of Appeal filed 5/20/16. Appellant's brief filed 6/21/16. State's Appellee brief filed 7/7/16. Gregory Felsoci's Appellee brief filed 7/7/16. Appellant's reply brief filed 7/11/16. Opinion and Judgment affirming District Court filed 7/29/16. Motion to Stay Judgment filed 8/1/16. 6th Circuit Order Denying Motion for Stay filed 8/22/16. Application for Stay and Emergency Injunction filed in U.S. Supreme Court 8/23/16. Order Denying Stay filed 8/29/16.

District Court Documents

Court of Appeals Documents

Court of Appeals Documents (as to denial of TRO)

 

Court of Appeals Documents (Third Appeal)

 

Court of Appeals Documents (Subsequent Appeal)

 

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

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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