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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

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:

Emergency motion for stay of district court order pending appeal filed 11/14/12. Order granting stay filed 11/16/12. Letter setting briefing schedule filed 11/8/13. Joint Motion of Settlement for Indicative Ruling to Effects filed 1/14/14. Order Granting Motion to Vacate filed 1/31/14. Ordering granting Motion f for Extension of Time filed 2/4/14. Order for Limited Remand filed 2/7/14. Notice that appeal dismissed filed 3/7/14.

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

Court of Appeals Documents (on counting 2012 provisional ballots)

Court of Appeals Documents (on denial of motion to vacate consent decree)

Court of Appeals Documents (on appeal of Attorneys' Fees Award)

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

Commentaries

Commentary

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...