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Litigation

 

Fair Elections Ohio, The Amos Project, et al v. Husted

Case Information

Date Filed: October 15, 2012
State: Ohio
Issue: Absentee Ballots
Current Court: Sixth Circuit U.S. Court of Appeals (Case 14-4007)

Issue:

Whether it is constitutional for Ohio to fail to make provisions for persons arrested after the absentee ballot deadline (the Saturday before the election at noon) to vote from jail.

Status:

Complaint filed 10/15/12. First-amended complaint filed 10/18/12. Hearing on motion for Temporary Restraining Order set for 10/23/12. Plaintiff's Motion for Temporary Restraining Order denied 11/1/12. Answer filed 11/6/12. Joint Discovery Plan filed 12/28/12. Preliminary Pretrial Order filed 1/16/13. Answer of Defendant Preisse filed 1/22/13. Final Pretrial Conference set for 6/27/14. Emergency Motion to Exclude Defendants Jon Husted and Attorney General Mike DeWine filed 2/28/14. Order denying motion to exclude filed 3/4/14. Defendant and Plaintiffs' Motion for Summary Judgment filed 6/5/14. Defendant and Plaintiffs' Replies to Motion for Summary Judgment filed 6/30/14. Defendant's Reply to Motion for Summary Judgment filed 7/14/14. Plaintiffs' Reply in Support of Motion for Summary Judgment filed 7/15/14. Order granting Plaintiff's Motion for Summary Judgment filed 9/16/14. Defendant's Notice of Appeal filed 10/15/14. Opinion finding lack of standing filed 10/24/14. Order dismissing case filed 11/20/14.

 

Circuit Court of Appeals Documents

District Court Documents

Commentary

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

more info & analysis...