Sixth Circuit issues stay in SEIU v. Husted


Terri L. Enns

- Moritz College of Law
Clinical Professor of Law; Senior Fellow, Election Law @ Moritz
Posted on October 31, 2012, 7:13 pm

The U.S. Sixth Circuit Court of Appeals has stayed the district court’s order to count provisional ballots cast in the wrong polling place in Ohio. The Sixth Circuit found that the district court failed to distinguish the burden on voters who arrive at the correct place, but are misdirected by poll workers, from the burden on voters who arrive at a wholly incorrect voting place because the voter who “arrives at the wrong polling location cannot be said to be blameless in the same way as a right-place/wrong-precinct voter.” The court also reiterated that such a significant last-minute change to election law is disfavored, as it “disrupts the electoral process and threatens its fairness.”

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Terri Enns has been part of the Election Law at Moritz team since the beginning of the project. Prior to coming to Moritz to teach in the Legislation Clinic, Ms. Enns served as Legal Counsel to the Ohio Senate Minority Caucus, where she regularly delved into Ohio's statutory oversight of campaigns and elections, working with election law both as it was being created and as it was applied. Enns has provided input for a variety of panels focused on election issues, including Campaigning with Character for the Bowhay Institute for Legislative Leadership Development; Current Controversies in Election Law for a panel at Marshall University, and Don't be Disenfranchised: Know Your Voter Rights and Election Law at the Feminist Majority Foundation's Get Out Her Vote 2008: Ohio Summit. View Complete Profile

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