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Litigation

 

NEOCH v. Husted

Case Information

Date Filed: October 24, 2006
State: Ohio
Issues: Voter ID, Provisional Ballots, Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00896-ALM-TPK); U.S. Court of Appeals, 6th Circuit (Case 12-4354); U.S. Supreme Court (Case 16-1068); U.S. Court of Appeals, 6th Circuit (Case 14-4132)

Issue:

Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Subsequent Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.

Current Issue: Whether Ohio SB 205 and 216 unlawfully discriminate against minority voters and unconstitutionally burden the right to vote.

Status:

Plaintiffs' and Defendants' trial briefs filed 3/10/16. Trial at District Court held March 2016. Parties' proposed findings of fact filed 4/28/16. Defendants' post-trial brief filed 5/5/16. Plaintiffs' response to defendants' proposed findings of fact and conclusions of law filed 5/5/16. Opinion enjoining enforcement of Ohio statutes filed 6/7/16. 6th Circuit Opinion affirming District Court's attorney fee award (with some exceptions) filed 8/1/16. Opinion reversing District Court on most of plaintiffs' claims filed 9/13/16. Order denying rehearing en banc filed 10/6/16. Emergency Application to Stay Sixth Circuit Mandate filed in U.S. Supreme Court 10/25/16. Response in Opposition filed 10/28/16. Order Denying Emergency Application for Stay filed 10/31/16. Petition for Writ of Certiorari filed 3/3/17. District Court Opinion and Order Denying Motion to Extend Consent Decree filed 4/28/17. Order Denying Writ of Certiorari filed 6/19/17. District Court order granting joint motion to assign case to magistrate for mediation filed 1/17/18. The parties have agreed to resolve without further litigation. The Stipulated Judgement globally resolves all attorneys' fees and costs that Plaintiffs have sought filed 3/28/18. Opinion affirming District Court attorney fee decisionfiled  8/1/18.

Related Case: SEIU v. Husted

 

Disclosure: EL@M Senior Fellow Daniel Tokaji is one of the attorneys representing amici League of Women Voters of Ohio and Common Cause of Ohio in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.

 

District Court Documents

 

Court of Appeals Documents (attorney fees)

Court of Appeals Documents (appeal regarding validity of consent decree)

Court of Appeals Documents (emergency appeal regarding provisional ballots)

 

Court of Appeals Documents (attorney fees)

 

Court of Appeals Documents (appeal regarding SB 205 and SB 216)

 

U.S. Supreme Court documents

 

Commentary

Steven F. Huefner

The Perils of Voting by Mail

Steven F. Huefner

Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

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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

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

more info & analysis...