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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Libertarian Party of Ohio v. Husted

Case Information

Date Filed: September 25, 2013
State: Ohio
Issue: Ballot Access
Courts that Heard this Case: Southern District of Ohio (Case 2:13-CV-00953); United States Court of Appeals for the Sixth Circuit (Case 14-03030); United States Court of Appeals for the Sixth Circuit (Case 14-3230); United States Court of Appeals for the Sixth Circuit (Case 16-3537)

Issue:

Issue 1:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions  violate the First Amendment?

Issue 2:

Does Secretary Husted's enforcement of residency requirements for circulators of candidates' nominating petitions, as applied,  violate the First Amendment?

Status:

Opinion and Order Granting Summary Judgment to Defendant issued 3/16/15. Opinion and Order finding Ohio minor party ballot access law constitutional filed 10/16/15. Motion for Summary Judgment as to Count 7 by Defendant Husted on 10/30/15. Opinion and order on discovery issues filed 2/5/16. Opinion and order granting summary judgment to defendant filed 5/20/16. Notice of Appeal filed 5/20/16. Appellant's brief filed 6/21/16. State's Appellee brief filed 7/7/16. Gregory Felsoci's Appellee brief filed 7/7/16. Appellant's reply brief filed 7/11/16. Opinion and Judgment affirming District Court filed 7/29/16. Motion to Stay Judgment filed 8/1/16. 6th Circuit Order Denying Motion for Stay filed 8/22/16. Application for Stay and Emergency Injunction filed in U.S. Supreme Court 8/23/16. Order Denying Stay filed 8/29/16.

District Court Documents

Court of Appeals Documents

Court of Appeals Documents (as to denial of TRO)

 

Court of Appeals Documents (Third Appeal)

 

Court of Appeals Documents (Subsequent Appeal)

 

U.S. Supreme Court Documents

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

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

District Judge Rules in Favor of State in Ohio Voter Registration Case

Ruling on forms used by the state of Ohio to remove inactive voters from the voter rolls, U.S. District Judge George Smith found one minor violation of the National Voter Registration Act, but otherwise ruled that the forms did not violate federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...