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

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

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.”

more EL@M in the news...

Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...