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

U.S. Supreme Court upholds Ohio voter purging process

Professor Edward Foley was quoted in The Blade about Ohio’s voter purge law, which was upheld by the U.S. Supreme Court. 

 

“I don’t think there’s any real reason to believe that the drop-off is going to be significant,” Mr. Foley said. “The Ohio law that was upheld in this case never disenfranchised anybody.”

 

 

more EL@M in the news...

Info & Analysis

Supreme Court Upholds Most Texas Districts in Racial Gerrymandering Case

In a 5-4 decision that reversed the ruling of the District Court, the U.S. Supreme Court determined that the drawing of most of the disputed Texas districts did not violate the Constitution or the Voting Rights Act. The case is Abbott v. Perez.

more info & analysis...