Major Pending Cases

Election Law Litigation

NEOCH v. Blackwell

(page last updated July 18, 2008 at 9:06 AM)

Case Information

Current Court: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00896-ALM-TPK)
All Courts: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00896-ALM-TPK); U.S. Court of Appeals, 6th Circuit (Case 06-4412)
Topic(s): Voter ID

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State:
Date Filed: October 24, 2006

Issue: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Status: Complaint filed 10/ 24/06; Temporary Restraining Order issued 10/26/06; Court of Appeals granted stay of TRO 10/31/06; Pretrial Order issued 12/14/06 - State of Ohio's motion to intervene granted - State of Ohio's answer due 4/23/07; discovery schedule set.

Related EL@M Stories

Ohio Provisional Ballots: New Consent Order (11/14/06)
Ohio Provisional Ballots Back in Court (11/11/06)
Consent Order in Ohio Voter ID Case (11/2/06)
Ohio AG Appeals TRO in ID Case (10/27/06)

District Court Documents

Complaint (filed 10/24/06)
Motion for Temporary Restraining Order (filed 10/24/06)
Motion to Expedite Discovery (filed 10/24/06)
- Proposed Order
Notice of TRO Hearing (filed 10/24/06)
- Hearing set for 10/25/2006
Notice of Preliminary Injunction Hearing (filed 10/24/06)
- Hearing set for 10/31/06
Response in Opposition to Motion for Temporary Restraining Order (filed 10/25/06)
- Exhibit - Purcell v. Gonzalez
- Exhibit - Indiana Democratic Party v. Rokita
Declaration of Sara Feldenkris (filed 10/25/06)
Declaration of J. Christopher Nielson (filed 10/25/06)
Declaration of Kevin Fisher (filed 10/25/06)
Answer (filed 10/25/06)
NOTICE of Hearing: Pretrial Conference set for 12/13/2006 @ 02:30 PM in chambers before Norah McCann King (entered 10/26/06)
Defendant Blackwell's Notice of Filing (filed 10/26/06)
- Exhibit A - Directive 2006-78
- Exhibit B - Summary of Election Laws by State
Order transferring action from Judge Gregory L. Frost to Judge Algenon L. Marbley (entered 10/26/06)
Order granting TRO and setting a Preliminary Injunction Hearing for 11/1/2006 (entered 10/26/06)
Order requiring Defendant Blackwell to issue Directive (entered 10/26/06)
- Order to County Boards of Elections
Order to all County Board of Elections (entered 10/26/06)
Notice of Appeal by Defendant Blackwell (filed 10/26/06)
- Exhibit - Document 17
- Exhibit - Document 18-1
- Exhibit - Document 18-2
- Exhibit - Document 19
Motion to Expedite Discovery by Defendant Blackwell (filed 10/27/06)
MOTION for Preliminary Injunction, by Plaintiffs The Northeast Ohio Coalition for the Homeless (filed 10/27/06)
- Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D
TRANSCRIPT REQUEST for Motion to Intervene Hearing by Intervenor State Of Ohio for proceedings held on 10/27/06 before Judge Marbley (filed 10/30/06)
Defendant J. Kenneth Blackwell's Memorandum in Opposition to Preliminary Injunction (filed 10/31/06)
- Exhibit 1
- Exhibit 2
- Exhibit 3
- Exhibit 4
Intervenor State of Ohio's Memorandum in Opposition to Motion for Preliminary Injunction (filed 10/31/06)
- Exhibit Testimony
- Caselaw
- HB 3
Deposition of Susan R. Johnson taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Part 2
- Part 3
Deposition of Kelly S. Pallante taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Part 2
- Part 3
Deposition of Betty L. McGary taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Part 2
- Part 3
- Part 4
- Part 5
- Part 6
Deposition of Matthew M. Damschroder taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Part 2
- Part 3
- Part 4
- Part 5
- Part 6
- Part 7
- Part 8
- Part 9
- Part 10
- Part 11
- Part 12
- Part 13
- Part 14
- Part 15
- Part 16
- Part 17
- Part 18
- Part 19
- Part 20
- Part 21
- Part 22
- Part 23
- Part 24
- Part 25
- Part 26
Deposition of Michael Vu taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Part 2
- Part 3
- Part 4
Notice of Filing (filed 11/1/06)
- Affidavit of Mark Landes
- State v. Hubbard
Notice by Defendant J Kenneth Blackwell of Filing Discovery Responses (filed 11/1/06)
- Exhibit - Plaintiffs' discovery responses #1
- Exhibit - Plaintiffs' discovery responses #2
- Exhibit - Plaintiffs' discovery responses #3
Notice by Defendant J Kenneth Blackwell of Filing Voter Fraud Studies (filed 11/1/06)
- Exhibit - Voter Fraud Studies #1
- Exhibit - Voter Fraud Studies #2
- Exhibit - Voter Fraud Studies #3
- Exhibit - Voter Fraud Studies #4
Notice by Defendant J Kenneth Blackwell of Filing Deposition Transcripts (filed 11/1/06)
- Exhibit - John Williams deposition transcript #1
- Exhibit - John Williams deposition transcript #2
- Exhibit - Jill Kelly deposition transcript
Deposition of John Williams taken on 10/30/06 by Plaintiffs (filed 11/1/06)
- Part 2
- Part 3
- Part 4
- Part 5
- Part 6
- Part 7
- Part 8
- Part 9
Deposition of Jill B. Kelly taken on 10/30/06 by Plaintiffs (filed 11/1/06)
- Part 2
- Part 3
- Part 4
Consent Order (entered 11/1/06)
Letter from USCA enclosing a corrected page of the Sixth Circuit's opinion (entered 11/3/06)
Motion to Enforce Consent Order (entered 11/14/06)
- Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D
Agreed Enforcement Order (entered 11/15/06)
Order to Show Cause (entered 11/17/06)
Motion to Show Cause (filed 11/20/06)
- Exhibit A
- Exhibit B
- Exhibit C
AFFIDAVIT in Opposition re MOTION for Order to Show Cause Declaration of Alvin E Mathews, Jr. (filed 11/21/06)
AFFIDAVIT in Opposition re MOTION for Order to Show Cause Declaration of Subodh Chandra (filed 11/21/06)
ORDER re the 11/21/06 Show Cause Hearing: The Court vacates the Order to Show Cause and Overrules Defendant's Motion for Order to Show Cause (filed 11/22/06)
MANDATE of USCA as to Notice of Appeal (entered 12/7/06)
REPORT of Rule 26(f) Planning Meeting (filed 12/11/06)
PRELIMINARY PRETRIAL ORDER (entered 12/14/06)
- The State of Ohio's Motion to Intervene is granted - answer due 1/22/2007.
- Joinder of Parties & Motions to Amend due by 6/15/2007.
- Primary Expert due by 9/30/2007. Rebuttal Expert due by 11/30/2007.
- Discovery due by 1/31/2008.
- Dispositive motions due by 2/28/2008.
Joint MOTION to Stay Proceedings until July 9, 2007 (filed 4/20/07)
Joint MOTION to Stay proceedings until August 9, 2007 (filed 7/9/07)
MOTION for Attorney Fees by Plaintiffs (filed 1/4/08)
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Opposition to Motion for Attorney Fees (filed 2/27/08)
- Exhibit - Directive 2006-078
- Exhibit - Affidavit of Keith Yeazel
- Exhibit - Comprehensive Chart
RESPONSE in Opposition re MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Opposition to Motion for Attorney Fees (filed 4/7/08)
- Exhibits A, B, C, D, E, F
RESPONSE in Support re MOTION for Attorney Fees (filed 4/7/08)
- Exhibits A, B, C, D, E, F
Joint MOTION for Extension of Time to File Response/Reply New date requested 5/5/2008 (filed 4/21/08)
ORDER granting Motion for Extension of Time to File Reply re MOTION to Dismiss for Lack of Jurisdiction Replies due by 5/5/2008 (filed 4/24/08)
REPLY to Response to Motion re MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Opposition to Motion for Attorney Fees (filed 5/5/08)

State of Ohio's Attempt to Intervene

Secretary of State's Appeal to the Sixth Circuit [Filed by Ohio Attorney General without the Secretary of State's participation]

Emergency Motion of Secretary of State to Stay or Vacate District Court's Orders (filed 10/27/06)
- Exhibit A to Motion to Stay or Vacate
Plaintiff-Appellee's Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction (filed 10/28/06)
- Exhibit 1 to Motion to Dismiss (filed 10/28/06)
Plaintiff-Appellee's Opposition to Emergency Motion to Stay or Vacate District Court's Orders (filed 10/28/06)
Secretary of State's Opposition to Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction (filed 10/29/06)
Order granting Stay (entered 10/29/06)
Amended Order granting stay (entered 10/30/06)
Text of Sixth Circuit opinion granting stay (entered 10/31/06)
- Judge McKeague's concurrence (entered 10/31/06)
- Judge Tarnow's partial concurrence and partial dissent (entered 10/31/06)
MANDATE issued (entered 12/5/06)

News Stories

Advocate faces contempt hearing over e-mail to 88 election boards, The Plain Dealer (11/21/06) [no longer available online]
Voter ID ruling sets off a flurry, Columbus Dispatch (11/3/06)
Voter ID law settlement loosens rules, Dayton Daily News (11/3/05)
Voter ID law stays in effect on election day, Dayton Daily News (11/2/06)
Court settlement clarifies voter ID law, Cincinnati Post (11/2/06) [no longer available online]
Compromise relaxes voter ID rules, Toledo Blade (11/2/06)
Parties settle voter ID lawsuit, Columbus Dispatch (11/2/06)
Voter ID dispute settled in talks, Akron Beacon Journal (11/2/06) [no longer available online]
Voter ID dispute settled, Cincinnati Enquirer (11/2/06)
Vote law challenge settled in U.S. Court, Cleveland Plain Dealer (11/2/06) [no longer available online]
Deal struck: SS number good enough to ID voters, Canton Repository (11/2/06)
Ohio suspends voter ID law for absentees, San Jose Mercury News (11/1/06) [no longer available online]
Sides reach settlement in suit over Ohio's new voter ID law, Youngstown Vindicator (11/1/06)
Deal reached on voter ID, Columbus Dispatch (11/1/06)
Ohio voter ID provisions still in force on election day, Ohio News Network (11/1/06) [no longer available online]
Judge mulls voter ID rules, Cincinnati Enquirer (11/1/06) [no longer available online]
Voters confused on absentees, Cincinnati Enquirer (11/1/06) [no longer available online]
Voter-ID case remains a mess as election nears, Columbus Dispatch (11/1/06)
Appellate court says voter ID is required, Akron Beacon Journal (11/1/06) [no longer available online]
Identification requirement upheld in Court, Cincinnati Enquirer (11/1/06) [no longer available online]
Suspension of Ohio's voter ID law lifted, Fort Wayne Journal Gazette (11/1/06) [no longer available online]
Ohio voter ID law back in Court today, Cleveland Plain Dealer (11/1/06) [no longer available online]
Federal judge holds another hearing on voter ID challenge, Contra Costa Times (11/1/06) [no longer available online]
Early voters must provide ID, Canton Repository (11/1/06)
Appeals Court keeps voter ID law; absentee voters must show identification, Ravenna Record Courier (11/1/06)
Appeals Court keeps Ohio voter ID law, Toledo Blade (11/1/06)
Appeals Court backs Ohio on voter ID, New York Times (11/1/06)
Flip-flop in rules flusters officials, Columbus Dispatch (10/31/06)
ID rulings confuse officials and voters, Cleveland Plain Dealer (10/31/06) [no longer available online]
Ohio counties apply different rules as voter ID battle continues, Canton Repository (10/31/06)
Counties apply different rules as voter ID law battle continues, Contra Costa Times (10/31/06) [no longer available online]
Military ID may pose hurdle at voting booth, Dayton Daily News (10/31/06)
Battle over voter ID continues, Times Bulletin (10/31/06)
Voter ID rules still in limbo, Akron Beacon Journal (10/31/06) [no longer available online]
Court stays suspension of Ohio voter ID law, Ohio News Now (10/30/06)
Court revives voter-ID measure, Columbus Dispatch (10/30/06)
Voter-ID law back in effect, Akron Beacon Journal (10/30/06) [no longer available online]
Voter ID rules change a third time in four days, Cleveland Plain Dealer (10/30/06) [no longer available online]
Ohio not alone in voter ID flap, Akron Beacon Journal (10/30/06) [no longer available online]
Ohio absentee voters must continue showing proof of ID, Canton Repository (10/30/06)
Appellate Court stays suspension of Ohio voter ID law, San Jose Mercury News (10/30/06) [no longer available online]
Ohio voting law is back in action, San Jose Mercury News (10/30/06) [no longer available online]
11th-hour vote change anger election officials, Ashtabula Star-Beacon (10/30/06)
Court revives voter ID measure, Columbus Dispatch (10/30/06)
Voter ID rules remain in limbo, Columbus Dispatch (10/28/06)
Ohio makes changes to voter ID law, Palladium-Item (1028/06) [no longer available online]
Voter ID ruling appealed by Petro, Cleveland Plain Dealer (10/28/06) [no longer available online]
Disagreement over challenge to voter ID law, Cincinnati Enquirer (10/27/06) [no longer available online]
Blackwell, Petro differ on voter IDs, Canton Repository (10/28/06)
Ohio seeks to appeal judge's suspension of voter ID law, Canton Repository (10/27/06)
Petro to appeal voter-ID ruling over Blackwell's objections, Columbus Dispatch (10/27/06)
Judge suspends Ohio voter identification law for absentee voting, Toledo Blade (10/27/06) [no longer available online]
Judge suspends voter-ID directive, Columbus Dispatch (10/27/06)
Judge suspends part of voter-ID law, Cincinnati Enquirer (10/27/06) [no longer available online]
Judge blocks ID rule for absentee voters: don't need ID for absentee, Judge rules in voting suit, Cleveland Plain Dealer (10/27/06) [no longer available online]
Judge blocks voter ID law for absentee ballots, Los Angeles Times (10/27/06) [no longer available online]
Ohio voter ID law suspended, Akron Beacon Journal (10/27/06) [no longer available online]
Ohio ID law suspended for absentee voting, Washington Post (10/27/06)
Voter ID ruling appealed by Petro Cleveland Plain Dealer (10/28/06) [no longer available online]
Voter-ID rules remain in limbo Columbus Dispatch (10/28/06)

Commentaries

Ohio voter ID law vindicated, Wheeling Intelligencer (11/3/06)
Consent Order in Voter ID Case, Equal Vote (Dan Tokaji, 11/1/06)
Voter ID out, Findlay Courier (11/1/06)
Voter confusion, More Soft Money, Hard Law (11/1/06)
Our view: Ohio voter ID picture keeps getting uglier, Dayton Daily News (11/1/06)
Another view: new rules needn't lead to lost votes, Dayton Daily News (11/1/06)
Voter ID flawed, Toledo Blade (11/1/06)
Ohio's absentee ballot ID rules weave all over the road, beware crash, Morning Journal (11/1/06)
Appellate Opinion in ID Case: No Pre-Voting Remedy Needed, Free & Fair (Edward B. Foley, 10/31/06)
The unknown voter, Cleveland Plain Dealer (10/31/06) [no longer available online]
Sixth Circuit Stays Ohio TRO, Equal Vote (Dan Tokaji, 10/30/06)
Stay Application in Ohio ID Case, Equal Vote (Dan Tokaji, 10/28/06)
Ohio's ID Rules in the Appeals Court: What Next?, Free & Fair (Edward B. Foley, 10/28/06)
Two Details of TRO in Ohio ID Case, Free & Fair (Edward B. Foley, 10/27/06)
TRO in Ohio Voter ID Case: Initial Thoughts, Free & Fair (Edward B. Foley, 10/26/06)
Today's Voter ID Hearing in Ohio, Equal Vote (Dan Tokaji, 10/26/06)
ID Disparities & Post-Voting Review of Provisional or Absentee Ballots, Free & Fair
(Edward B. Foley, 10/25/06)
Ohio Voter ID Lawsuit, Equal Vote (Dan Tokaji, 10/24/06)

Moritz College of Law
July 20, 2008

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
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