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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Ohio Democratic Party v. LaRose

Case Information

Date Filed: March 17, 2020
State: Ohio
Issue: Improper Election Administration
Courts that Heard this Case: Supreme Court of Ohio (Case 2020-0388)

Issue:

Whether the Secretary of State has the legal authority to suspend, move, or set the date of Ohio's 2020 presiedential primary election? 

Status:

Complaint filed 3/17/20. Motion to expediate filed 3/18/20. Summons & Complaint issued to Respondent(s) 3/18/20. Respondent Answer 3/20/20. Slip opinion 3/27/20. Order declaring complaint of the Libertarian Party of Ohio dismissed as moot 3/31/20. 

Supreme Court of Ohio Documents

  • Complaint pdf file (3/17/20)
  • Relators' Motion To Expediate pdf file (3/18/20)
  • Joint Motion For An Alternative Writ To Stay Lower Ohio Court Proceedings pdf file (3/18/20)
  • Motion Denied pdf file (3/18/20)
  • Memorandum Of Amicus Curiae Disability Rights Ohio pdf file (3/18/20)
  • Intervener-Relator's Motion To Intervene pdf file (3/19/20)
  • Relators' Memorandum In Opposition To The Libertarian Party Of Ohio's Motion To Intervene pdf file (3/19/20)
  • ODC_V_Larose_7.pdf
  • Memorandum In Opposition Of Respondent Ohio Secretary Of State Frank Larose To Intervenor Libertarian Party Of Ohio pdf file (3/19/20)
  • Brief Of Amici Curiae Primary Election Candidates In Support Of Neither Side pdf file (3/20/20)
  • Answer Of Respondent Ohio Secretary Of State Frank Larose pdf file (3/20/20)
  • Merit Brief Of Realtors pdf file (3/23/20)
  • Amici Curiae Breif Of The League Of Women Voters Of Ohio And The Ohio A. Philip Randolph Institute In Support Of Neither Party pdf file (3/24/20)
  • Amicus Curiae Brief Of Gerald W. Phillips And The Ohio Citizens For Honesty Integrity And Openness In Government LTD. In Support Of The Respondent pdf file (3/25/20)
  • Merit Brief Of Respondent Ohio Secretary Of State Frank Larose pdf file (3/25/20)
  • Brief Of Amicus Curiae Representative Jason Stephens In Support Of Neither Side pdf file (3/25/20)
  • Intervener-Relator's Reply Brief pdf file (3/26/20)
  • Reply Brief Of Amicus Curiae Primary Election Candidates In Support of Neither Side pdf file (3/27/20)
  • Motion For Reconsideration Filed By A Amicus Curiae Gerald W. Phillips And The Ohio Citizens For Honesty, Integrity, And Openess In Governemnt LTD. Regarding The Relators Dismisall Due to Mootness pdf file (3/27/20)
  • Slip Opinion pdf file (3/27/20)
  • Order Declaring Complaint Of The Libertarian Party Of Ohio Dismissed As Moot pdf file (3/31/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    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

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...