OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

SEIU v. Husted

Case Information

Date Filed: June 22, 2012
State: Ohio
Issue: Provisional Ballots
Current Court: U.S. District Court for the Southern District of Ohio (Case 2:12-cv-562)

Issue:

Whether the failure to ensure that all provisional ballots are properly counted violates the 14th Amendment, the right to vote, the 17th amendment and/or federal voting statutes.

Status:

Complaint and Motion for Preliminary Injunction filed 6/22/12. Answer to Second Amended Complaint filed 8/7/12. Plenary Opinion and Order issued 8/27/12. State of Ohio's Motion to Intervene filed 9/4/12. State of Ohio's and Secretary of State's Notices of Appeal filed 9/6/12. Motion to dismiss state's appeal filed 9/7/12. State's response to motion to dismiss filed 9/7/12. State's brief and Secretary Husted's brief filed 9/14/12. SEIU's brief filed 9/21/12. State of Ohio's appeal dismissed for lack of standing 9/28/12. Oral argument held 10/1/12. Sixth Circuit Opinion issued 10/11/12. District Court Opinion and Order granting motion for preliminary injunction filed 10/26/12. Appellants Emergency Motion to Stay Injunction pending appeal filed 10/26/12. Stay issued by 6th Circuit 10/31/12. Plaintiffs' Joint Notice of Husted's Directive filed 11/2/12. State's memorandum in opposition filed 11/6/12. Petition for en banc rehearing filed 11/15/12. Order denying petition for en banc rehearing filed 12/5/12. Letter Revising Briefing Schedule filed 1/7/13. Briefing Schedule Extended 5/15/13. Order Dismissing Appeal and Denying Vacatur filed 9/27/13. Joint Motion for  Indicative Ruling to Effect Terms of Settlement on Appeal filed 1/14/14. Order granting Motion to vacate filed 1/31/14. Order vacating Nov. 13, 2012 Order filed 2/7/14.

Related Cases: NEOCH v. Husted

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

Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

more commentary...

In the News

Daniel P. Tokaji

Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

more EL@M in the news...

Info & Analysis

Fourth Circuit Issues Opinion in North Carolina Case, Blocking Part of New Voting Law

Today the Fourth Circuit U.S. Court of Appeals issued an opinion blocking some of the recently enacted changes to North Carolina voting law including the elimination of same day voter registration. The case is North Carolina NAACP v. McCrory.

more info & analysis...