Last Updated: May 18, 2012 at 11:18 AM
King Lincoln Bronzeville Neighborhood Association v. Blackwell
Case Information
Date Filed: August 31, 2006
State: Ohio
Issue: Improper Election Administration
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00745-ALM-TPK)
Issue:
Whether the rights, privileges, and immunities guaranteed to Plaintiffs by the Civil Rights Act, and the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution have been violated by the past and ongoing conduct of Secretary of State J. Kenneth Blackwell in connection with past elections in Ohio.
Status:
Motion for Reconsideration of Opinion and Order filed 12/3/10. Responses in Opposition to Motion for Reconsideration filed 12/17/10. Plaintiffs' Replies in Response to Motion for Reconsideration filed 1/3/11. Notice of Developments in the Northern District of Ohio in Regard to Plaintiff's Proposed Filing filed 1/19/11. State's Notice Opposing any Discover and Requesting a Status Conference filed 2/8/11. Plaintiff's Response to Motion Requesting Status Conference filed 2/25/11. Order Setting Status Conference entered 5/12/11. Plaintiff's Brief on Jurisdisction, Discovery, and Evidence issues filed 7/15/11. Reply to Plaintiff's Brief on Jurisdisction, Discovery, and Evidence issues filed 8/16/11. Opinion and Order Dismissing Case filed 2/7/12.
Summary
Individual voters and three voters' rights groups sued Ohio Secretary of State Kenneth Blackwell alleging that Blackwell allocated election resources in a racially discriminatory manner and instituted racially discriminatory procedures for provisional voting, purging voters from the statewide voter registration database, and maintaining the chain of custody of ballots. The complaint alleged that these actions led to the dilution and/or cancellation of plaintiffs' vote due to ballot cancellation and tampering, long poll lines, mechanical difficulties with voting machines, and unclear precinct boundaries. The complaint claims that plaintiffs reasonably fear these problems will recur in the November, 2006, election, and asks the court to appoint a special master to perform Blackwell's election administration duties in that election.
District Court Documents
- Complaint
(filed 8/31/06)
- Declaration of Richard Hayes Phillips filed by Richard Hayes Phillips
(filed 9/1/06) - PRETRIAL MEMORANDUM of Law regarding 2004 Ballots in the Possession of County Boards of Election by Defendant J Kenneth Blackwell
(filed 9/7/06) - ORDER directing County Board of Elections to preserve all ballots from the 2004 Election
(entered 9/7/06) - OPINION AND ORDER re Order directing County Board of Elections to preserve all ballots from the 2004 Election
(entered 9/11/06) - NOTICE by Plaintiffs Ohio Voter Rights Alliance for Democracy, League of Young Voters/Columbus, Willis Brown, Paul Gregory, Miles Curtiss, Matthew Segal, Harvey Wasserman, King Lincoln Bronzeville Neighborhood Association of Withdrawal of Counsel & Co-Counsel; Substitution of Counsel; and Addition of Co-Counsel
(filed 9/19/06) - MOTION for More Definite Statement by Defendant J Kenneth Blackwell
(filed 9/21/06) - AMENDED COMPLAINT against all defendants
(filed 10/9/06) - Motion to Intervene by the State of Ohio
(filed 10/23/06)
- Motion for Expedited Hearing on Plaintiffs' Request for a Preliminary Injunction and Motion to Treat Case as Related or in the Alternative to Consolidate Cases Under Fed. R. Civ. P. 42 and for Expedited Hearing
(filed 10/25/06)
- ANSWER to Amended Complaint by Defendant J Kenneth Blackwell
(filed 10/25/06) - Notice by Defendant J. Kenneth Blackwell of Filing
(filed 10/26/06)
- Order transferring C2-06-896 to Judge Algenon L. Marbley from Judge Gregory L. Frost
(entered 10/26/06) - NOTICE by Plaintiffs of Voluntary dismissal of defendant Sam Hogsett
(filed 10/29/06) - Motion for Temporary Restraining Order
(filed 11/3/06)
- Defendant J. Kenneth Blackwell, Secretary of the State of Ohio's Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order
(filed 11/6/06)
- Supplemental Memorandum Supporting MOTION for Temporary Restraining Order by Plaintiffs
(filed 11/6/06)
- MOTION to Dismiss Plaintiffs' Amended Complaint as Moot by Defendant J Kenneth Blackwell
(filed 12/11/06)
- Responses due by 2/5/2007
- PROPOSED RESPONSE to MOTION to Dismiss Plaintiffs' Amended Complaint as Moot
(filed 2/5/07) - Joint MOTION to Stay all proceedings until April 9, 2007
(filed 2/5/07) - ORDER GRANTING JOINT MOTION TO STAY ALL PROCEEDINGS UNTIL 4/9/2007
(entered 2/15/07) - Joint MOTION for Order Regarding Disposition of all Ballots from 2004 Presidential Election
(filed 4/3/07) - Joint MOTION to Stay all Proceedings until June 8, 2007
(filed 4/3/07) - AGREED ORDER regarding disposition of all ballots from 2004 Presidential election
(entered 4/6/07) - ORDER Granting Motion to Stay
(entered 4/6/07) - Joint MOTION to Stay all proceedings until August 10, 2007
(filed 6/8/07) - MOTION for Extension of Time New date requested 8/31/2007. Motion to further extend stay
(filed 8/10/07) - MOTION for Extension of Time New date requested 9/21/2007. Motion to Extend Stay to date of Status Conference with the Court
(filed 8/31/07) - Intervenor-Plaintiffs Ohio Election Justice Campaign
(filed 7/7/08) - Intervenor-Plaintiffs Ohio Election Justice Campaign and Named Plaintiffs' Motion Pursuant to 18 U.S.C. §§ 401-402 and 18 U.S.C. §§ 3331-3334 for Criminal Contempt and Special Grand Jury Proceedings
(filed 7/10/08)
- Exhibit
(filed 7/10/08)
- Exhibit
- Exhibits in support of motion for Criminal Contempt
(filed 7/11/08)
- STATUS REPORT & Motion for Relief from Stay by Plaintiffs
(filed 7/17/08) - RESPONSE in Opposition regarding MOTION for criminal contempt and special grand jury
(filed 7/18/08) - RESPONSE in Opposition regarding MOTION to Intervene
(filed 7/25/08)
- Exhibit
(filed 7/25/08)
- Exhibit
- REPLY to Response to Motion regarding MOTION For Criminal Contempt
(filed 7/29/08) - MOTION to Strike MOTION for criminal contempt and MOTION to Intervene by Plaintiffs
(filed 7/31/08)
- REPLY to Response to Motion regarding MOTION to Intervene
(filed 8/8/08)
- NOTICE regarding Status Report, opposing request to lift stay
(filed 8/11/08) - RESPONSE in Opposition regarding MOTION to Strike MOTION to Intervene
(filed 8/13/08) - AMENDED Response in Opposition by Intervenor Plaintiffs
(filed 8/18/08)
- MOTION for Extension of Time to File Response/Reply
(filed 8/22/08) - ORDER granting Motion for Extension of Time to File Response
(entered 8/27/08) - Second MOTION for Extension of Time to File Response/Reply
(filed 8/29/08) - MOTION for Extension of Time to File Response/Reply New date requested 9/5/2008
(filed 9/2/08) - ORDER denying Second Motion for Extension of Time
(entered 9/4/08) - MOTION for Extension of Time to File Response/Reply New date requested 9/10/2008
(filed 9/4/08) - ORDER denying MOTION for Extension of Time to File Response/Reply New date requested 9/5/2008
(entered 9/4/08) - MOTION for Extension of Time to File Response/Reply New date requested 9/8/2008
(filed 9/5/08) - ORDER granting Motion for Extension of Time to File Reply; Replies due by 9/10/2008
(entered 9/8/08) - REPLY to Response to MOTION to Strike filed by Plaintiffs
(filed 9/8/08)
- ORDER granting Motion for Extension of Time to File Reply to MOTION to Strike
(entered 9/10/08) - MOTION for Extension of Time to File Response/Reply as to Motion for Relief from Stay
(filed 9/10/08) - RESPONSE in Opposition regarding MOTION for Extension of Time
(filed 9/10/08) - ORDER granting Motion for Extension of Time to File Reply
(entered 9/15/08) - REPLY to Response to MOTION for Relief from Stay
(filed 9/17/08)
- MOTION for Leave to File Reply Memorandum by Plaintiffs
(filed 9/18/08) - ORDER granting motion for leave to file reply memorandum
(entered 9/19/08) - ORDER lifting stay
(entered 9/19/08) - MOTION to Quash by Objector Michael Connell
(filed 9/25/08)
- MOTION for an Expedited Conference for Apparent Fraud Upon the Court by Intervenor Plaintiffs The Ohio Election Justice Campaign
(filed 9/25/08) - RESPONSE to Motion to Quash
(filed 10/7/08) - MOTION to Quash
(filed 10/14/08)
- MOTION to Strike MOTION by Moving Intervenors for Expedited Hearing
(filed 10/14/08)
- NOTICE by Objector Michael Connell
(filed 10/17/08)
- RESPONSE to MOTION to Quash
(filed 11/4/08)
- ORDER granting MOTION to Intervene by State of Ohio
(entered 1/21/09) - ANSWER to Amended Complaint filed by Intervenor State of Ohio
(filed 1/21/09) - ORDER denying Motion to Intervene, striking Motion for Criminal Contempt, striking Motion for Expedited Conference
(entered 3/5/09) - Plaintiffs' Notice of Submission Under Seal of the Dying Declaration of John Caylor
(filed 3/18/09)
- Letter from Marlys J. Barbee regarding Opinion and Order
(filed 3/20/09) - Intervenor-Plaintiffs' Motion for Reconsideration
(filed 3/24/09)
- Motion to File Document Under Seal
(filed 3/27/09)
- Motion Denied
(entered 3/31/09)
- Motion Denied
- Motion for Extension of Time to File Response/Reply
(filed 4/17/09)
- Motion Granted
(filed 4/21/09)
- Motion Granted
- Plaintiffs' Response in Opposition to Motion for Reconsideration of Court's Denial of Motion for Leave to Intervene
(filed 4/24/09) - Reply in Support of Proposed Intervenor Plaintiff's Motion for Reconsideration
(filed 5/8/09)
- Motion for Leave to File Surreply filed by Plaintiffs
(filed 5/22/09) - Motion Granted
(entered 5/27/09) - Plaintiffs' Surreply
(originally submitted with Motion on 5/22)(filed 5/27/09)
- Opinion and Order Denying Motion for Reconsideration
(entered 12/22/09) - Case renamed: King Lincoln Bronzeville Neighborhood Association, et. al. v. Bruner, et. al.
- Motion to Quash Subpoena
(filed 11/1/10)
- Response in Opposition to Motion to Quash and Request for Immediate Relief
(filed 11/2/10)
- Motion for Emergency Order to Compel the Immediate Production of the Requested Information by Plaintiffs [Text Only] (filed 11/3/10)
- Defendants' Response to Plaintiffs' Attempt to Subpoena Karl Rove
(filed 11/9/10)
- Supplemental Memorandum in Opposition to Motion to Quash Subpoenas
(filed 11/13/10)
- Appendix OEC Complaint & Exhibits

- Appendix OEC 11-1 Hearing Transcript

- Appendix OEC Hearing Exhibits 1-5

- Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11

- Appendix OEC Complaint & Exhibits
- Supplemental Memorandum Supporting Motion to Quash Subpoenas to Produce Documents
(filed 11/15/10) - Opinion and Order Quashing Subpoena and Denying the Moton to Compel
(entered 11/19/10) - Motion for Reconsideration of Opinion and Order
(filed 12/3/10) - Movant's Response in Opposition to Motion for Reconsideration
(filed 12/17/10) - Defendant's Response in Opposition to Motion for Reconsideration
(filed 12/17/10) - Reply in Response to Motion for Reconsideration
(filed 1/3/11) - Reply in Response to Motion for Reconsideration
(filed 1/3/11) - Notice of Developments in the Northern District of Ohio in Regard to Plaintiff's Proposed Filing
(filed 1/19/11) - State's Notice Opposing any Discover and Requesting a Status Conference
(filed 2/8/11)
- Motion for Status Conference [See Above Document]
- Plaintiff's Response to Motion Requesting Status Conference
(filed 2/25/11)
- Order Setting Status Conference
(entered 5/12/11) - Order Regarding Plaintiff's Motion to Depose Certain Individuals
(entered 5/25/11) - Plaintiff's Brief on Jurisdiction, Discovery, and Evidence Issues Identified by the Court
(filed 7/15/11) - Defendant's Brief on Questions Raised by Court in May 25, 2011 Order
(filed 8/05/11) - Plaintiff's Reply on Jurisdiction, Discovery, and Evidence Issues Identified by the Court
(filed 8/16/11) - Opinion and Order Dismissing Case Without Prejudice
(filed 2/7/12) - Judgment
(filed 2/7/12) - Plaintiffs' Motion to Amend Opinion
(filed 3/6/12)
- Attachment 1
- Rove subpoena - Attachment 2
- U.S. Chamber Institute for Legal Reform subpoena - Attachment 3
- Rove declaration
- Attachment 1
- Secretary of State Husted's Motion for Status Conference and Memorandum in Opposition to Motion to Amend Opinion
(filed 3/27/12) - Opinion and Order Denying Plaintiffs' Motion to Amend Opinion
(filed 5/2/12)
Related Links
- Shreds of Evidence, Online Journal, July 31, 2007
- New lawsuit alleges ballot tampering in 2004 election, The Columbus Dispatch (09/01/06)
- Blackwell agrees to retain 2004 ballots for activists, The Columbus Dispatch (08/31/06)


Commentary
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.
more commentary...