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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

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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