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Election Law @ Moritz

Election Law @ Moritz


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

Filibusters are not for shutdowns

Edward B. Foley

The minority party must win elections, not derail the government, to prevail on policy.

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In the News

Edward B. Foley

Ohio voters may change way Congress lines are drawn

Professor Edward Foley was quoted in the Dayton Daily News about the potential outcomes of several cases before the U.S. Supreme Court that will address partisan gerrymandering.

“One direction is the court basically abandoning any role to try to police excessive partisanship in these maps,” Foley said. “The other fork in the road would take the federal judiciary down the path of being something of a police officer on this issue.”
 

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Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

more info & analysis...