Last Updated: May 20, 2013 at 11:12 AM
SEIU v. Husted
Case Information
Date Filed: June 22, 2012
State: Ohio
Issue: Provisional Ballots
Current Court: United States 6th Circuit Court of Appeals (Case 12-4264)
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.
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
- Complaint
(filed 6/22/12) - Motion for Preliminary Injunction (filed 6/22/12)
- Proposed Order and Declarations in Support of Motion (filed 6/22/12)
- Proposed Order and Declarations in Support of Motion
- Related Case Memorandum (filed 6/26/12)
- Order Relating Cases and Setting Hearing on June 27 to Discuss NEOCH Plaintiffs' Motion to Consolidate (filed 6/26/12)
- Declaration of Jusztina Traum (filed 6/29/12)
- Plaintiffs' Motion for Certification of Defendant Class (filed 6/29/12)
- Defendant's Memorandum in Opposition to Motion for Preliminary Injunction (filed 7/6/12)
- Husted's Memorandum Contra Plaintiff's Motion for Preliminary Injunction (filed 7/6/12)
- Joint Scheduling Order (filed 7/9/12)
- Memorandum in Opposition to Motion to Certify Defendant Class (filed 7/13/12)
- First Amended Complaint for Declaratory and Injunctive Relief (filed 7/13/12)
- Plaintiff's Reply Memorandum in Support of Motion for Preliminary Injunction (filed 7/13/12)
- Declaration of Pete DiBiase (filed 7/13/12)
- Declaration of William James Dudley (filed 7/13/12)
- Declaration of Robert W. Grauvogl (filed 7/13/12)
- Declaration of Cathrine J. Harshman (filed 7/13/12)
- Declaration of Pete DiBiase
- Memorandum of Defendant Preisse in Opposition to Motion for Defendant Class Certification (filed 7/13/12)
- Affidavit of Putative Class Member Christopher Gibbs (filed 7/13/12)
- Affidavit of Daniel B. Miller (filed 7/13/12)
- Affidavit of Putative Class Member Diane Carnes (filed 7/13/12)
- Affidavit of Putative Class Member Dale Fellows (filed 7/13/12)
- Reply Declaration of Nancy Spencer in Support of Plaintiff's Motion for Preliminary Injunction (filed 7/13/12)
- Declaration of Natalya DeRobertis-Theye in Support of in Support of Plaintiff's Motion for Preliminary Injunction (filed 7/13/12)
- Motion to Intervene by Putative Class Members (filed 7/13/12)
- Defendant Burke's Response in Opposition to Plaintiff's Motion for Defendant Class Certification (filed 7/13/12)
- Declaration of Randy Quickel in Support of Plaintiff's Motion for Preliminary Injunction (filed 7/13/12)
- Second Supplemental Declaration of Daniel B. Miller (filed 7/20/12)
- Supplemental Reply Declaration of Cathrine J. Harshman in Support of Plaintiffs' Motion for Preliminary Injunction (filed 7/20/12)
- Plaintiffs' Notice of Filing of Revised Proposed Order for Preliminary Injunction (filed 7/20/12)
- Proposed Second Amended Complaint (filed 7/20/12)
- Plaintiffs' Reply Memorandum in Support of Motion for Certification of Defendant Class (filed 7/20/12)
- Defendant Burke's Response to Plaintiffs' Motion to File a Second Amended Complaint (filed 7/23/12)
- Order Granting Plaintiffs' Motion for Leave to File a Second Amended Complaint (filed 7/23/12)
- Second Amended Complaint for Declaratory and Injunctive Relief (filed 7/24/12)
- Plaintiff's Notice of Withdrawal of Motion for Certification of Defendant Class (filed 7/24/12)
- Motion of Bipartisan Group of Eligible Voters to Intervene (filed 7/27/12)
- Answer to Second Amended Complaint (filed 8/7/12)
- Plenary Opinion and Order (filed 8/27/12)
- State of Ohio's Motion to Intervene with Supporting Memorandum and Exhibits (filed 9/4/12)
- State's Notice of Appeal (filed 9/6/12)
- Secretary of State Husted's Notice of Appeal (filed 9/6/12)
- Intervenors' Notice of Appeal (filed 9/7/12)
- Nunc Pro Tunc Order (filed 9/11/12)
- Husted's Revised Directive to Polling Place Workers (filed 9/12/12)
- Order Granting Motion to Intervene (filed 9/21/12)
- Plaintiffs' Request for Status Conference (filed 10/12/12)
- Plaintiffs' Renewed Motion for Preliminary Injunction with Respect to Wrong Provisional Ballot Locations (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' Memorandum Contra Plaintiffs' Renewed Motion for Preliminary Injunction (filed 10/22/12)
- Cuyahoga County Motion for Leave to File Amicus Brief (filed 10/23/12)
- Opinion and Order Granting Motion for Preliminary Injunction (filed 10/26/12)
- Order Granting in Part Defendants' Motion to Modify Consent Decree and Remedying Inconsistency (filed 10/26/12)
- Notice of Appeal (filed 10/26/12)
- 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
- Notice of Withdrawal of Preliminary Injunction Motion (filed 11/8/12)
- Opinion and Order (filed 11/13/12)
Court of Appeals Documents
- State's Motion to Intervene (filed 9/7/12)
- SEIU's Motion to Dismiss State of Ohio's Appeal (filed 9/7/12)
- Exhibits A-D (filed 9/7/12)
- Exhibits A-D
- State's Response to Motion to Dismiss (filed 9/7/12)
- Order Consolidating Appeals (filed 9/7/12)
- Briefing Schedule (filed 9/7/12)
- Order of Consolidation (filed 9/10/12)
- Revised Briefing Schedule (filed 9/10/12)
- Statement of Parties and Issues (filed 9/10/12)
- Motion of Bipartisan Group of Voters to Intervene (filed 9/10/12)
- Brief for the State of Ohio (filed 9/14/12)
- Merit Brief of Defendant-Appellant Husted (filed 9/14/12)
- Brief of Proposed Voter Intervenors (filed 9/14/12)
- Notice Setting Oral Argument Conference Call (filed 9/17/12)
- Oral Argument Calendar (filed 9/17/12)
- Plaintiff-Appellees' Opposition to Motion to Intervene (filed 9/18/12)
- Bipartisan Voters' Reply in Support of Motion to Intervene (filed 9/20/12)
- Brief of Amici Curiae League of Women Voters and Common Cause of Ohio in Support of Affirmance (filed 9/21/12)
- Motion for Leave to File Brief as Amici Curiae (filed 9/21/12)
- Motion for Leave to File Brief as Amici Curiae
- Amicus Brief of Cuyahoga County Supporting Affirmance (filed 9/21/12)
- Motion for Leave to File Brief as Amici Curiae (filed 9/21/12)
- Motion for Leave to File Brief as Amici Curiae
- Exhibit A (Homeless Services in Cuyahoga County) (filed 9/21/12)
- SEIU's Answering Brief (filed 9/21/12)
- SEIU's Motion to File an Overlength Brief (filed 9/21/12)
- Order Denying Voters' Motion to Intervene (filed 9/26/12)
- Order Granting Motions for Leave to File by Cuyahoga County, Leauge of Women Voters and Common Cause (filed 9/26/12)
- Reply Brief of the State of Ohio (filed 9/26/12)
- Motion for Leave to File an Amicus Brief by Citizens Reform Association of Cuyahoga County (filed 9/26/12)
- Order Granting Motion for Leave to File (filed 9/27/12)
- Order Granting Motion for Leave to File
- Order Granting Appellee's Motion to Dismiss State of Ohio's Appeal for Lack of Standing (filed 9/28/12)
- Oral argument audio (10/1/12)
- Opinion (filed 10/11/12)
- Appellants' Emergency Motion to Stay Injunction Pending Appeal (filed 10/26/12)
- Plaintiff-Appellees' Opposition to Emergency Motion to Stay Injunction Pending Appeal (filed 10/29/12)
- Cuyahoga County Amicus Brief Opposing Emergency Motion to Stay Injunction Pending Appeal (filed 10/30/12)
- Appellants' Reply in Support of Emergency Motion to Stay (filed 10/30/12)
- Opinion (filed 10/31/12)
- Petition for En Banc Rehearing (filed 11/15/12)
- Order Denying Petition for En Banc Rehearing (filed 12/5/12)
- 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)
- Mediation Follow up Notice (filed 3/7/13)
- Mediation Conference Notice Follow-Up (filed 3/25/13)
- Briefing Schedule Extended (filed 3/25/13)
- Notice of Mediation Conference (filed 5/15/13)
- Briefing Schedule Extended (filed 5/15/13)
PDF files in this site require
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