OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

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

Related Links

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. 

more commentary...

In the News

Edward B. Foley

Friday round-up

A blog post written by Professor Edward Foley for ElectionLaw@Moritz about the U.S. Supreme Court case Benisek v. Lamone was requoted in SCOTUSblog. 

 

“[There] are reasons to be skeptical, at least early in the stages of the intellectual inquiry, that there would be a single ‘grand unified theory of partisan gerrymandering’ under the U.S. Constitution,” Foley writes. 


more EL@M in the news...

Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

more info & analysis...