Last Updated: June 19, 2013 at 9:44 AM
NEOCH v. Husted
Case Information
Date Filed: October 24, 2006
State: Ohio
Issues: Voter ID, Provisional Ballots
Current Court: U.S. Court of Appeals, 6th Circuit (Case 12-4354)
Issue:
Original Issues: (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.
Current Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.
Status:
First Brief of Appellant for 11-3035/ 11-3036 filed 3/25/11. Appellant's Brief filed 3/30/11. Letter Allowing for Filing of Brief Instanter by Ohio Attorney General's Office filed 3/31/11. Appellee's Brief filed 4/27/11. Related Ohio Supreme Court action dismissed 5/11/12. Oral argument on validity of Consent Decree held 6/27/12. Opinion and Order Upholding the Consent Decree filed 7/9/12. Notice of Appeal filed 7/19/12. Appellant's briefs filed 8/20/12. Plenary Opinion and Order issued 8/27/12. NEOCH's appellate brief filed 9/4/12. Husted's reply brief filed 9/10/12. Oral argument calendar filed 9/17/12. Oral argument held 10/1/12. 6th Circuit Opinion issued 10/11/12. District Court opinion on remand announced from bench 10/24/12 - written opinion will follow. Written opinion and order denying plaintiffs' motion to modify consent decree and granting defendants' motion to modify consent decree filed 10/26/12. Emergency motion to clarify scope of 2010 consent decree filed 11/1/12. Order for expedited briefing schedule filed 11/2/12. Plaintiffs' Joint Notice of Husted's Directive filed 11/2/12. State's memorandum in Opposition filed 11/6/12. Order Granting Plaintiffs' Motion filed 11/13/12. Notice of Appeal filed 11/13/12. Motion for Emergency Stay filed 11/14/12. Motion for Stay Granted 11/16/12. Revised Briefing Schedule filed 1/7/13. Briefing Scheduled Extended 5/15/13.
Related Cases: State ex rel. Skaggs v. Brunner, SEIU v. Husted
Consolidated Case: Ohio Republican Party v. Brunner
Disclosure: EL@M Senior Fellow Daniel Tokaji is one of the
attorneys representing amici League of Women Voters of Ohio and Common Cause of
Ohio in this case. 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
- Complaint
(filed 10/24/06) - Motion for Temporary Restraining Order (filed 10/24/06)
- Motion to Expedite Discovery (filed 10/24/06)
- Notice of TRO Hearing (filed 10/24/06)
- Notice of Preliminary Injunction Hearing (filed 10/24/06)
- Response in Opposition to Motion for Temporary Restraining Order (filed 10/25/06)
- 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)
- 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 all County Board of Elections (entered 10/26/06)
- Notice of Appeal by Defendant Blackwell (filed 10/26/06)
- 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)
- 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)
- Intervenor State of Ohio's Memorandum in Opposition to Motion for Preliminary Injunction (filed 10/31/06)
- Deposition of Susan R. Johnson taken on 10/30/06 by Plaintiffs
(filed 10/31/06)
- Deposition of Kelly S. Pallante taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Deposition of Betty L. McGary taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Deposition of Matthew M. Damschroder taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Deposition of Michael Vu taken on 10/30/06 by Plaintiffs (filed 10/31/06)
- Notice of Filing (filed 11/1/06)
- Notice by Defendant J Kenneth Blackwell of Filing Discovery Responses (filed 11/1/06)
- Notice by Defendant J Kenneth Blackwell of Filing Voter Fraud Studies (filed 11/1/06)
- Notice by Defendant J Kenneth Blackwell of Filing Deposition Transcripts (filed 11/1/06)
- Deposition of John Williams taken on 10/30/06 by Plaintiffs (filed 11/1/06)
- Deposition of Jill B. Kelly taken on 10/30/06 by Plaintiffs (filed 11/1/06)
- 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)
- Agreed Enforcement Order (entered 11/15/06)
- Order to Show Cause (entered 11/17/06)
- Motion to Show Cause (filed 11/20/06)
- 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)
- RESPONSE in Opposition re MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Opposition to Motion for Attorney Fees (filed 4/7/08)
- RESPONSE in Support re MOTION for Attorney Fees (filed 4/7/08)
- 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)
- ORDER granting Motion for Attorney Fees and Costs (entered 9/30/08)
- MOTION for Leave to File Instanter a Supplemental Complaint (filed 10/14/08)
- MOTION for Preliminary Injunction by Plaintiffs (filed 10/14/08)
- MOTION to Expedite Discovery by Plaintiffs (filed 10/14/08)
- Exhibits A, B, C, D, E-1, E-2
- RESPONSE in Opposition to MOTION to Expedite Discovery (filed 10/15/08)
- Reply in Support of Motion to Expedite Discovery (filed 10/16/08)
- MOTION to Withdraw MOTION for Leave to File Instanter a Supplemental Complaint (filed 10/17/08)
- ANSWER to Complaint by Intervenor State Of Ohio (filed 10/17/08)
- Revised MOTION for Leave to File Instanter a Supplemental Complaint by Plaintiffs (filed 10/17/08)
- ORDER granting Motion to Expedite (entered 10/17/08)
- RESPONSE in Opposition to MOTION for Leave to File Instanter a Supplemental Complaint (filed 10/17/08)
- Witness List (filed 10/20/08)
- Memorandum in Opposition to Motion for Leave to File Instanter a Supplemental Complaint (filed 10/20/08)
- NOTICE of Hearing on Motion for Preliminary Injunction set for Thursday, 10/23/2008, 9:00 AM before Judge Edmund A Sargus (filed 10/20/08)
- Memorandum in Opposition to Preliminary Injunction (filed 10/20/08)
- Exhibit List by Plaintiffs (filed 10/20/08)
- Transcript of Telephone Conference Proceedings held on 10/16/08, before Judge Algenon L. Marbley (filed 10/21/08)
- REPLY to Response to Motion regarding MOTION for Preliminary Injunction (filed 10/22/08)
- MOTION to Quash Subpoena issued by Plaintiffs (filed 10/22/08)
- MOTION to Quash (filed 10/22/08)
- NOTICE OF FILING DEPOSITION (filed 10/22/08)
- NOTICE by Plaintiffs The Northeast Ohio Coalition for the Homeless (filed 10/23/08)
- AMENDED DOCUMENT by Plaintiffs The Northeast Ohio Coalition for the Homeless (filed 10/23/08)
- NOTICE of Appearance by Daniel B Miller Plaintiffs The Northeast Ohio Coalition for the Homeless (filed 10/23/08)
- NOTICE OF FILING DEPOSITION (filed 10/23/08)
- Lorain County Deposition
- Lorain County 2 Deposition
- Lucas County Deposition
- Madison County Deposition
- Miami County Deposition
- Montgomery County Deposition
- Putnam County Deposition
- Seneca County Deposition
- Stark County Deposition
- Summit County Deposition
- Warren County Deposition
- Secretary of State Deposition
- Lorain County Deposition
- NOTICE by Plaintiffs The Northeast Ohio Coalition for the Homeless (filed 10/23/08)
- AMENDED DOCUMENT by Plaintiffs The Northeast Ohio Coalition for the Homeless (filed 10/23/08)
- ORDER adopting and annexing Ohio Secretary of State Directive 2008-101 (filed 10/24/08)
- ORDER granting in part by agreement Plaintiffs' Motion for Preliminary Injunction (filed 10/27/08)
- Order of Clarification (filed 10/29/08)
- MOTION for Extension of Time New date requested 12/15/2008 (filed 10/30/08)
- MOTION to Consolidate Cases by Defendant Jennifer Brunner (filed 11/4/08)
- MOTION to Intervene and Proposed Order by Intervenor Plaintiff Ohio Democratic Party (filed 11/4/08)
- COMPLAINT by Proposed Intervenor against all defendants, filed by Ohio Democratic Party (filed 11/4/08)
- MOTION to Consolidate Cases and Proposed Order by Intervenor Plaintiff Ohio Democratic Party (filed 11/4/08)
- Supplemental Memorandum Supporting MOTION to Consolidate Cases by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 (filed 11/4/08)
- REPLY to Response to Motion to Consolidate Cases filed by Defendant Jennifer Brunner (filed 11/4/08)
- ORDER (entered 11/5/08)
- OPINION & ORDER (entered 11/6/08)
- ORDER (Telephonic Status Conference set for 11/14/2008 09:00 AM in teleconference before Algenon L. Marbley) (entered 11/13/08)
- MOTION to Consolidate Cases (filed 11/14/08)
- Supplemental Memorandum Opposing Motion for TRO in Skaggs (filed 11/16/08)
- NOTICE by Defendant Jennifer Brunner of filing answer to the Plaintiffs amended supplemental complaint (filed 11/19/08)
- AMENDED COMPLAINT (filed 11/21/08)
- ANSWER of Defendant Ohio Secretary of State (filed 11/24/08)
- Answer of State of Ohio (filed 11/24/08)
- MOTION to Enforce Judgment (filed 11/26/08)
- Memorandum Contra to Motion to Enforce (filed 11/26/08)
- Reply Memo in Support of Motion to Enforce (filed 11/26/08)
- ANSWER of State of Ohio to Supplemental Complaint (filed 12/8/08)
- MOTION for Extension of Time New date requested 1/12/2009 (filed 12/8/08)
- MOTION to Enjoin the Ohio Supreme Court's Order in State ex rel. Skaggs v. Brunner and Renewed Motion to Enforce the Judgment (filed 12/12/08)
- Exhibits
- ORDER - denying Motion for Extension of Time for failure to provide evidence of compliance with Local Civil Rule 7.3 (entered 12/16/08)
- MOTION for Extension of Time New date requested 1/12/2009 (filed 12/17/08)
- Proposed Order
- ORDER on Motion for Extension of Time (entered 12/18/08)
- MOTION for Extension of Time; New date requested 1/16/09 (filed 12/30/08)
- ORDER on Motion for Extension of Time (entered 12/31/08)
- BRIEF filed by Plaintiffs NEOCH (filed 1/20/09)
- Memorandum in Reply to Defendant's Memorandum in Opposition to NEOCH's Combined Motion to Enjoin the Ohio Supreme Court's Order and Enforce the Judgment (filed 1/27/09)
- Joint Motion of Defendant Brunner and Intervening Defendant State of Ohio for an Extension of Time to File a Response to the Plaintiffs' 1/20/09 Filings (filed 2/13/09)
- Order Granting Motion for Extension of Time to File Response, Motion for Attorney Fees and Motion for Reconsideration. Responses due by 2/27. (entered 2/17/09)
- Memorandum of Defendant Jennifer Brunner, Ohio Secretary of State, in Opposition to Plaintiffs' Supplemental Brief on Reasonable Attorney Fees and Motion for Reconsideration of Decision to Grant Plaintiffs' First Motion for Attorney's Fees (filed 2/27/09)
- Memorandum of Defendant Jennifer Brunner, Ohio Secretary of State, in Opposition to Plaintiffs' Second Motion for Attorney's Fees and Costs (filed 2/27/09)
- Memorandum of Defendant Jennifer Brunner, Ohio Secretary of State, in Opposition to Plaintiffs' Motion for Reconsideration (filed 2/27/09)
- Memorandum of Defendant The State of Ohio, in Opposition to Plaintiffs' Supplemental Brief on Reasonable Attorney Fees and Motion for Reconsideration of Decision to Grant Plaintiffs' First Motion for Attorney's Fees (filed 2/27/09)
- Memorandum of Defendant The State of Ohio in Opposition to Plaintiffs' Second Motion for Attorney's Fees and Costs (filed 2/27/09)
- Memorandum of Defendant The State of Ohio in Opposition to Plaintiff's Motion for Reconsideration (filed 2/27/09)
- Reply Memorandum in Support of Plaintiffs' Second Motion for Attorneys' Fees and Costs (filed 3/10/09)
- Plaintiffs' Memorandum in Opposition to Defendant Brunner's Motion for Reconsideration (filed 3/20/09)
- Reply Memorandum of Defendant Jennifer Brunner, Ohio Secretary of State, in Support of Motion for Reconsideration of Decision to Grant Plaintiffs' First Motion for Attorney Fees (filed 4/3/09)
- Opinion and Order (entered 7/28/09)
- Plaintiffs' Motion for Reconsideration of this Court's July 28, 2009 Opinion and Order Granting Plaintiffs' Motions for Fees and Costs (filed 7/28/09)
- Order (entered 7/30/09)
- Order (entered 8/12/09)
- Consent Decree (entered 4/19/10)
- Plaintiffs' Third Motion for Attorneys' Fees and Costs (filed 6/3/10)
- Memorandum of Defendant Jennifer Brunner, Ohio Secretary of State, and Intervenor State of Ohio in Opposition to Plaintiffs' Third Motion for Attorneys' Fees and Costs (filed 8/9/10)
- Reply Memorandum in Support of Plaintiffs' Third Motion for Attorneys' Fees and Costs (filed 9/9/10)
- Motion of Plaintiff-Intervenor Ohio Democratic Party and Northeast Ohio Coalitin for the Homeless for a Temporary Restraining Order and Preliminary Injunction (filed 11/1/10)
- Memorandum of Defendant Jennifer Brunner, Ohio Secretary of State, and Intervenor State of Ohio in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (filed 11/3/10)
- Order (entered 11/17/10)
- Opinion and Order (entered 11/30/10)
- Motion to Withdraw Motion for Temporary Restraining Order and Preliminary Injunction (filed 12/7/10)
- Notice of Appeal to USCA on Decision to award Attorney Fees (filed 12/29/10)
- Notice of Cross-Appeal by NEOCH and SEIU (filed 1/11/11)
- Notice of Appeal by Secretary of State of Ohio (filed 1/11/11)
- USCA Case Numbers 11-3035, 11-3036, and 11-3037 (entered 1/11/11)
- Plaintiffs' Motion to Substitute Party (Husted for Brunner)
(filed 5/8/12) - Plaintiffs' Urgent Motion to Enjoin State Court Proceedings and for an Order to Show Cause Why Niehaus and Blessing Should Not be Held in Contempt (filed 5/8/12)
- Notice of Withdrawal and Substitution of State of Ohio's counsel (Corn for Gale)
(filed 5/9/12) - Notice of Withdrawal and Substitution of Secretary of State's counsel (Epstein for Coglianese)
(5/9/12) - Notice of Withdrawal of Secretary of State's Counsel Sikora
(5/9/12) - Notice of Withdrawal of Secretary of State's Counsel Schuler
(5/9/12) - Notice of Withdrawal of Secretary of State's Counsel Chin
(5/9/12) - Order Granting Plaintiffs' Motion to Substitute Party (Husted for Brunner)
(filed 5/10/12) - Memorandum in Opposition of Niehaus and Blessing (filed 5/10/12)
- Plaintiffs' Reply Memorandum in Support of Motion to Enjoin (filed 5/10/12)
- Oral Order: Plaintiffs' Motion to Enjoin State Court Proceedings is GRANTED to the extent that Relators for Defendant, State of Ohio, are enjoined from further prosecution of their suit for mandamus filed in the Supreme Court of Ohio. Relators are ORDERED to dismiss the mandamus action without prejudice forthwith. A written Opinion and Order will follow.
- Notice of Compliance with Court's May 10, 2012 Order (filed 5/11/12)
- Order Setting Telephonic Status Conference for May 16, 2012 (filed 5/11/12)
- Notice of Dismissal Without Prejudice of Ohio Supreme Court Action (filed 5/11/12)
- Opinion and Order Granting Plaintiffs' Motion to Enjoin State Court Proceedings (filed 5/11/12)
- Order Setting Briefing Schedule and Oral Argument on Legal Validity of Consent Decree (filed 5/17/12)
- Husted Memorandum of Law Concerning Concerning Legal Validity of Consent Decree (filed 5/30/12)
- Brief of State of Ohio on Validity of Consent Decree (filed 5/30/12)
- Plaintiff's Memorandum on Validity of Consent Decree (filed 5/30/12)
- Declaration of L. Bradfield Hughes Opposing Defendant's Request to Modify Injunction (filed 5/30/12)
- Niehaus and Blessing Brief in Support of Vacation of Consent Decree (filed 5/30/12)
- Declaration of Donald J. McTigue with Transcript of Voter Testimony (filed 5/30/12)
- Declaration of Caroline H. Gentry (attorney in Hunter case) (filed 5/30/12)
- Declaration of Daniel B. Miller (NEOCH attorney) (filed 5/30/12)
- Declaration of Melina Meneguin-Layarenza (filed 5/30/12)
- 2011 County-Level Provisional Ballot Data (filed 5/30/12)
- 2011 Rejected Provisional Ballot Data (filed 5/30/12)
- 2010 Provisional Ballot Statistics (filed 5/30/12)
- 2010 Rejected Provisional Ballots (filed 5/30/12)
- 2009 Provisional Ballot Statistics (filed 5/30/12)
- 2009 Rejected Provisional Ballots (filed 5/30/12)
- 2008 Provisional Ballot Statistics (filed 5/30/12)
- 2008 Rejected Provisional Ballots (filed 5/30/12)
- 2010 Precinct-Level Data (filed 5/30/12)
- 2008 Precinct-Level Data (filed 5/30/12)
- More 2008 Precinct-Level Data (filed 5/30/12)
- 2012 Cuyahoga County Polling Locations (filed 5/30/12)
- Franklin County Polling Locations (filed 5/30/12)
- 2011 County-Level Provisional Ballot Data
- Ohio's Reply on the Validity of the Consent Decree (filed 6/6/12)
- Husted's Reply Memorandum Concerning the Validity of the Consent Decree (filed 6/6/12)
- Plaintiff's Reply Memorandum Concerning the Validity of the Consent Decree (filed 6/6/12)
- Niehaus' and Blessing's Response in Support of Vacation of Consent Decree (filed 6/6/12)
- Plaintiffs' Motion to Modify Consent Decree to Prevent Constitutional Violations (filed 6/20/12)
- Declaration of Natalya DeRobertis-Theye in Support of Plaintiffs' Motion to Modify (filed 6/20/12)
- County Level Election Data (filed 6/20/12)
- Polling Locations by County (filed 6/20/12)
- Cuyahoga County Polling Locations (filed 6/20/12)
- Franklin County Polling Locations (filed 6/20/12)
- Franklin County 2010 and 2011 Polling Locations (filed 6/20/12)
- Hamilton, Mahoning and Montgomery County Polling Locations (filed 6/20/12)
- Stark and Summitt County Polling Locations (filed 6/20/12)
- County Level Election Data
- Declaration of Caroline H Gentry with Exhibits (filed 6/20/12)
- Declaration of Bradfield Hughes and Exhibits in Support of Motion to Modify (filed 6/20/12)
- Declaration of David C. Kimball in Support of Motion to Modify (filed 6/20/12)
- Declaration of Emma Kornetsky in Support of Motion to Modify (filed 6/20/12)
- Declaration of Donald J. McTigue in Support of Motion to Modify (filed 6/20/12)
- Declaration of Melina Meneguin-Layerenza in Support of Motion to Modify (filed 6/20/12)
- Declaration of Daniel B. Miller in Support of Motion to Modify (filed 6/20/12)
- Exhibits A-M (filed 6/20/12)
- Exhibits N-Z (filed 6/20/12)
- Exhibits AA-MM (filed 6/20/12)
- Exhibits NN-PP (filed 6/20/12)
- Exhibits QQ-VV (filed 6/20/12)
- Exhibit WW (filed 6/20/12)
- Exhibits XX-ZZ (filed 6/20/12)
- Exhibits AAA-MMM (filed 6/20/12)
- Exhibits NNN-XXX (filed 6/20/12)
- Exhibit YYY-1 (filed 6/20/12)
- Exhibit YYY-2 (filed 6/20/12)
- Exhibit YYY-3 (filed 6/20/12)
- Exhibit YYY-4 (filed 6/20/12)
- Exhibit YYY-5 (filed 6/20/12)
- Exhibit YYY-6 (filed 6/20/12)
- Exhibits A-M
- Scheduling Order on Motion to Vacate and Motion to Modify Consent Decree (filed 6/22/12)
- Plaintiffs' Notice of Related Case (filed 6/26/12)
- Plaintiffs' Amended Notice of Related Case (filed 6/26/12)
- Order Relating Cases and for Appearance of New Counsel (filed 6/26/12)
- Memorandum of Relators in Opposition to Motion to Modify (filed 7/6/12)
- Ohio and Husted's Joint Opposition to Plaintiff's Motion to Modify (filed 7/6/12)
- Opinion and Order Upholding the Consent Decree (filed 7/9/12)
- Joint Scheduling Order (filed 7/9/12)
- Plaintiff's Reply Memorandum in Support of Motion to Modify Consent Decree to Prevent Constitutional Violations (filed 7/13/12)
- Declaration of Brian Davis (filed 7/13/12)
- Declaration of Monica Moran (filed 7/13/12)
- Declaration of Chris Redfern (filed 7/13/12)
- Declaration of Micky Trammell (filed 7/13/12)
- Declaration of Nick Speelman (filed 7/13/12)
- Declaration of Natalya DeRobertis-Theye (filed 7/13/12)
- Declaration of Cathrine J. Harshman (filed 7/13/12)
- Declaration of Daniel B. Miller (filed 7/13/12)
- Declaration of Brian Davis
- Notice of Appeal (filed 7/19/12)
- Second Supplemental Declaration of Daniel B. Miller (filed 7/20/12)
- Supplemental Declaration of Cathrine J. Harshman in Support of Plaintiffs' Motion to Modify Consent Decree (filed 7/20/12)
- Declaration of Steven Tatar
(filed 7/27/12) - Declaration of Hector Richard Zambrana
(filed 7/27/12) - Declaration of Walter Freeman
(filed 7/27/12) - Plaintiffs' Second Motion For Extension of Time Relating to Motions for Attorney Fees (filed 8/23/12)
- Plenary Opinion and Order (filed 8/27/12)
- Order Granting Motions for Extension of Time (filed 8/29/12)
- Notice of Sixth Circuit Opinion on Attorney's Fees (filed 8/31/12)
- Plaintiffs' Request for Status Confernce (filed 10/12/12)
- Plaintiffs' Motion to Modify Consent Decree to Avoid Equal Protection Violation (filed 10/17/12)
- Order Setting Briefing and Oral Argument Schedule (filed 10/18/12)
- Order Re-setting Briefing and Oral Argument Schedule (filed 10/19/12)
- Defendants' Motion to Modify Consent Decree and Opposition to Plaintiff's Motion to Modify (filed 10/19/12)
- Plaintiffs' Opposition to Defendants' Motion to Modify Consent Decree (filed 10/22/12)
- Opinion and Order Denying Plaintiffs' Motion to Modify Consent Decree and Granting Defendants' Motion to Modify Consent Decree (filed 10/26/12)
- Order Granting in Part Defendants' Motion to Modify Consent Decree and Remedying Inconsistency (filed 10/26/12)
- Plaintiffs' Emergency Motion for Clarification on Scope of Consent Decree (filed 11/1/12)
- Order Granting Expedited Briefing Schedule (filed 11/2/12)
- Plaintiffs' Joint Notice of Secretary of State Husted's Directive (filed 11/2/12)
- Exhibit A (Husted's Directive)
- NEOCH Plaintiffs' Motion for Clarification and Modification of Consent Decree; SEIU Plaintiffs' Motion for Preliminary Injunction (filed 11/5/12)
- Scheduling Order (filed 11/5/12)
- State's Memorandum in Opposition (filed 11/6/12)
- Declaration of Matthew Damschroder (filed 11/6/12)
- Declaration of Matthew Damschroder
- Plaintiffs' Reply (filed 11/8/12)
- Opinion and Order Granting Plaintiffs' Motion (filed 11/13/12)
- Notice of Appeal (filed 11/13/12)
- Motion of Plaintiffs to Extend and Modify Consent Decree (filed 6/10/13)
- Exhibits 5-A and 5-B: O'Farrell v. Landis Deposition Transcripts (filed 6/11/13)
- Order Extending Consent Decree and Setting Oral Argument (filed 6/18/13)
Court of Appeals Documents (on counting 2012 provisional ballots)
- Emergency Motion of Appellants to Stay Order Pending Appeal (filed 11/14/12)
- Plaintiff-Appellees' Opposition to Emergency Motion to Stay Order Pending Appeal (filed 11/15/12)
- Reply Brief in Support of Appellants' Emergency Motion to Stay Order (filed 11/15/12)
- Opinion and Order Granting Motion for Stay (filed 11/16/12)
- Letter Setting Briefing Schedule (filed 12/5/12)
- Letter Extending Dates in Briefing Schedule by 14 Days (filed 12/21/12)
- Letter Revising Briefing Schedule (filed 1/7/13)
- Revised Briefing Schedule (filed 2/8/13)
- Reset Briefing Schedule (filed 3/1/13)
- Follow up Mediation Scheduled (filed 3/7/13)
- Mediation Conference Notice Follow-Up (filed 3/25/13)
- Briefing Schedule Extended (filed 3/25/13)
- Mediation Conference Notice (filed 5/15/13)
- Briefing Schedule Extended (filed 5/15/13)
Court of Appeals Documents (on denial of motion to vacate consent decree)
- Statement of Parties and Issues (filed 8/9/12)
- Brief of Defendant-Appellants Husted and State of Ohio (filed 8/20/12)
- NEOCH Brief (filed 9/4/12)
- Husted's Reply Brief (filed 9/10/12)
- Oral Argument Calendar (filed 9/17/12)
- Plaintiff-Appellee's Motion for Leave to File Letter Correcting Factual Misstatements in Reply Brief (filed 9/17/12)
- Additional Instructions for Telephone Oral Argument (filed 9/28/12)
- Oral argument audio (10/1/12)
- Opinion (filed 10/11/12)
Court of Appeals Documents (on appeal of Attorneys' Fees Award)
- Briefing Letter Sent for 11-3037 (filed 1/27/11)
- Briefing Letter Sent for 11-3035/ 11-3036 (filed 1/27/11)
- Order Setting Mediation Telephone Conference for 2/23/11 (entered 1/27/11)
- Notice of Rescheduling of Mediation Conference (entered 2/9/11)
- Mediation Office is no longer involved in this appeal (3/8/11)
- Brief of Appellant/Cross-Appellee State of Ohio and Cross-Appellee Ohio Secretary of State (filed 3/30/11)
- Brief of Appellees/Cross-Appellants NEOCH and SEIU (filed 4/27/11, corrected 8/3/11)
- Reply Brief of Cross-Appellee Ohio Secretary of State (filed 6/1/11)
- Reply Brief of Appellees/Cross-Appellants NEOCH and SEIU (filed 6/17/11, corrected 8/3/11)
- Opinion Affirming District Court (filed 8/31/12)
State of Ohio's Attempt to Intervene
- Motion to Intervene - State of Ohio (filed 10/27/06)
- Notice of Appeal of District Court's Oral Denial of State of Ohio's Motion to Intervene (filed 10/27/06)
- Emergency Motion for Reversal of Denial of Motion to Intervene as of Right (filed 10/27/06)
- Emergency Motion to Intervene filed with Sixth Circuit (filed 10/27/06)
- Combined Opposition of Plaintiffs'-Appellees Northeast Ohio Coalition for the Homeless and Service Employees International Union, Local 1199 to Emergency Motions of "State of Ohio" for (1) Reversal of Denial of Motion to Intervene as of Right; and, (2) to Intervene (filed 10/30/06)
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)
- 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)
- Exhibit 1 to Motion to Dismiss
- 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)
- Judge McKeague's concurrence
- MANDATE issued (entered 12/5/06)
Related Links
- Directive 2006-78 issued by the Ohio Secretary of State regarding voter identification requirements (issued 10/26/06)
- Nullified, at least in part, by Temporary Restraining Order Ruling
- Directive 2006-79 issued by the Ohio Secretary of State regarding voter identification requirements (issued 10/27/06)
- Issued pursuant to the District Court's October 26, 2006, oral ruling from the bench
- Directive 2006-84 issued by the Ohio Secretary of State - Consent Order Regarding Absentee Ballots and Election Day Voting Issues (issued 11/2/06)
Related EL@M Stories
- Ohio Provisional Ballots: New Consent Order (11/14/06)
- Ohio Provisional Ballots Back in Court (11/11/06)
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)
Commentary
Arizona: Voter Registration and the Road Ahead
Justin Levitt
June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.
more commentary...