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Project Vote v. Blackwell

(page last updated July 3, 2008 at 9:28 AM)

Case Information

Current Court: U.S. District Court for the Northern District of Ohio (Case 1:06-cv-01628-KMO)
All Courts: U.S. District Court for the Northern District of Ohio (Case 1:06-cv-01628-KMO)
Topic(s): Voter Registration
State: Ohio
Date Filed: July 6, 2006

Issue: Whether the newly enacted voter registration provisions of the Ohio Revised Code violate the First and Fourteenth Amendments of the United States Constitution, Section 2 of the Voting Rights Act, and the National Voter Registration Act of 1993.

Status: Preliminary Injunction granted 9/8/2006; Case referred to Magistrate for Mediation to occur during the month of July 2007. Discovery due 7/31/07. Dispositive Motions due 8/31/07. Motion for partial summary judgment filed 7/13/07. Motion for partial summary judgment granted 2/11/08.

Summary: Read Detailed Summary

District Court Documents

• Complaint (filed 7/6/06)
  • Civil Cover Sheet
• Plaintiff's Application for Preliminary Injunction (filed 7/13/06)
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
• Motion for leave to file Amicus Curiae in Support of Plaintiffs' Application for Preliminary Injunction filed by Ohio General Assembly of Minority Caucuses (filed 8/2/06)
  • Brief of Amicus Curiae Various Members of the Ohio General Assembly Minority Caucuses in Support of Plaintiffs' Application for Preliminary Injunction
• Case Management Conference Scheduling Order (entered 8/2/06)
  • Case management conference to be held on 8/17/2006
• Joint Position Statement Regarding Case Management Conference Agenda filed by all parties (filed 8/10/06)
• Response To Plaintiffs' Application For A Preliminary Injunction, by Defendant William D. Mason (filed 8/11/06)
  • Exhibit - Ohio Voter Registration Form
• Motion to Dismiss and Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by J. Kenneth Blackwell (filed 8/14/06)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I
  • Exhibit J
  • Exhibit K
  • Exhibit L
  • Exhibit M
  • Exhibit N
  • Exhibit O
• Answer to Complaint (filed 8/15/06)
• Case Management Conference Plan/Order (entered 8/17/06)
  • Non-expert discovery to be completed by 1/2/2007
  • Dispositive motions are due by 2/5/2007
  • Status Conference is set for 12/19/2006
  • Preliminary Injunction hearing will be conducted on 9/1/2006.
• Motion to Intervene as Party Plaintiffs filed by NAACP (filed 8/22/06)
• Plaintiffs' Reply To Defendants' Opposition To Plaintiffs' Application For A Preliminary Injunction (filed 8/24/06)
  • Exhibit A
  • Exhibit B
  • Exhibit D1
  • Exhibit D2
• Notice of Supplemental Authority in Support of Motion for Preliminary Injunction, filed by all plaintiffs (filed 8/28/06)
  • Exhibit - League of Women Voters v. Cobb
• Affidavit of Bryan Williams regarding Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (filed 9/1/06)
• Minutes of 9/01/06 Hearing Granting Preliminary Injunction (entered 9/1/06)
• Order Granting Preliminary Injunction (entered 9/8/06)
• Unopposed Motion for extension of Response to Defendants' Motion to Dismiss until October 18, 2006 filed by all plaintiffs (filed 9/15/06)
• Order [non-document] granting plaintiffs' Motion to Extend time until 10/18/2006 to respond to motion to dismiss. (entered 9/26/2006)
• Unopposed Motion for extension of Response to Motion to Dismiss until November 1, 2006 filed by all plaintiffs (filed 10/17/06)
• Order [non-document] entered 10/18/2006 granting plaintiffs' unopposed Motion to Extend time until 11/1/2006 to respond to motion to dismiss
• Response to Motion to dismiss and Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction AND Motion to Voluntarily Dismiss Certain Claims Without Prejudice filed by all plaintiffs (filed 11/01/06)
• Minutes of proceedings/Order. Status Conference held on 12/19/2006. Status Conference set for 2/27/2007 12:30 PM in Chambers 16A. At request of parties, all activities and obligations are STAYED until February status hearing. Upon consent of parties, pending motion to dismiss is termed as premature, subject to refiling. (entered 12/19/06)
• Minutes of Proceedings/Order. Status Conference held 2/27/07. Discovery due by 7/31/07, Dispositive Motions due by 8/31/07. This case is referred to Magistrate Judge Perleman for Mediation to occur during the month of July, 2007. (entered 2/28/07)
• Notice of Pretrial Conference set for 6/20/2007 (entered 6/1/07)
• Minutes of proceedings. Interim Pretrial Conference held on 6/20/07 before Magistrate Judge David S. Perelman. Parties agree mediation would not be appropriate now; file returned to Judge O'Malley (entered 6/21/07)
• Notice of filing substitution of parties (filed 6/29/07)
• Joint Proposed Stipulation of Dismissal of Cuyahoga County Prosecuting Attorney and Summit County Prosecuting Attorney filed by all parties (filed 7/13/07)
• Motion for partial summary judgment filed by all plaintiffs (filed 7/13/07)
• Opposition to Motion for partial summary judgment (filed 8/3/07)
• Order. Plantiffs' Motion for Partial Summary Judgment is GRANTED. Plaintiffs' Unopposed Motion to voluntarily dismiss without prejudice their claims under Section 2 of the Voting Rights Act and for nominal damges is also GRANTED. (entered 2/11/08)
• Partial Final Judgment. The Court hereby enters JUDGMENT in favor of Plaintiffs and against Defendants on Counts I, II, III, VI, VII and VIII of the Complaint. Defendants are PERMANENTLY ENJOINED as outlined herein. (entered 2/11/08)
• Motion for attorney fees (filed 3/24/08)
• Joint Position Statement re: Case Management Conference Agenda (filed 4/11/08)
• Order. Pursuant to the parties' joint position statement, it is Ordered that Plaintiffs' reply brief on pending motion for attorney's fees is due by 5/12/2008 and Plaintiffs' Count V is voluntarily dismissed without prejudice. This case is CLOSED and Court will address the fees issue in the post-judgment context. (entered 4/11/08)
• Opposition to Motion for attorney fees (filed 4/28/08)
• Reply to response to Motion for attorney fees (filed 5/12/08)
  • Affidavit Karl Sandstrom

Related Links

• Ruling erases election overhaul, Cleveland Plain Dealer (09/02/06) [no longer available online]
• Judge throws out voter registration rules, Akron Beacon Journal (09/01/06) [no longer available online]
• Blackwell delegates state work as election approaches, Associated Press (7/30/06 [no longer available online]
• Blackwell's dual role criticized, The Cincinnati Enquirer (7/24/06) [no longer available online]
• U.S. Senate approves voter rights extension, The New York Times (7/21/06)
• President Bush Commits On VRA Renewal, Executive Office Of The President (7/13/06)
• Nonprofits File Suit Contesting Ohio's New Voter Registration Requirements, OMB Watch (7/11/06)
• Voting Rights Act Renewal Divides GOP, Los Angeles Times (7/12/06) [no longer available online]
• Leaders move forward on VRA vote despite some GOP unease, The Hill (7/12/06)
• Pass the VRA Bailout Amendment, Roll Call (7/11/06)
• America still needs the Voting Rights Act, The Roanoke Times, (7/11/06)
• GOP secretary of state candidate backs voter registration rules, Associated Press (7/7/06) [no longer available online]
• Suit challenges proposed Blackwell voting rules, Toledo Blade, (7/7/06)
• Not broken but 'fixed' anyway, Toledo Blade, (7/6/06)
• Ohio's voter registration regulations challenged, Plain Dealer (7/6/06) [no longer available online]
• Project Vote, Voting Rights Groups, Sue in Ohio Over Registration Restrictions, Press Release (07/6/06)
• Blackwell's changes to voter registration upheld, The Columbus Dispatch, (6/27/06)
• Ohio Voter Registration Regulations

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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