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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

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

Case Information

Date Filed: October 15, 2012
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 1:12-cv-00797-SJD); 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

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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In the News

Edward B. Foley

Columbus City Council Will See Some Reforms, But Not For Another Six Years

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”


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Info & Analysis

Supreme Court Decides Wisconsin and Maryland Gerrymandering Cases on Procedural Grounds

In opinions issued today, the U.S. Supreme Court decided two gerrymandering cases on procedural grounds. In an opinion in the Wisconsin case of Gill v. Whitford, the Court found that the plaintiffs did not have standing to challenge the legislature\'s redistricting plan. In an opinion in the Maryland case of Benisek v. Lamone, the Court determined that the District Court was within its discretion in denying preliminary relief to the plaintiffs challenging the legislature\'s redistricting plan.

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