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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

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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