NEOCH v. Blackwell
(page last updated March 24, 2009 at 2:00 PM)
Case Information
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
State: Ohio
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:
Plaintiffs filed a Motion for Preliminary Injuction on 10/14/08. A hearing on the motion is set for Wednesday, 10/23/08. Motion for Preliminary Injunction granted on 10/27/08. Amended complaint filed 11/21/08. Answers filed 11/24/08. Brief filed by Plaintiffs NEOCH 1/20/09. Order Granting Motion for Extension of Time to File Resopnse entered 2/17. Responses due 2/27.
Related Cases: State ex rel. Skaggs v. Brunner
Consolidated Case: Ohio Republican Party v. Brunner
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)
- Hearing set for 10/25/2006
- 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 Oppositionto 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)
- 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)
- Exhibits A, B, C and D

- 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)
- 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)
- ORDER on Motion for Extension of Time
(entered 12/18/08)
- MOTION for Extention of Time; New date requested 1/16/09
(filed 12/30/08)
- ORDER on Motion for Extention 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)
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]
Related Links
Related EL@M Stories
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)