OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Obama for America v. Husted

Case Information

Date Filed: July 17, 2012
State: Ohio
Issue: Early Voting
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 2:12cv00636); United States 6th Circuit Court of Appeals (Case 12-4055); United States Supreme Court (Case 12A338)

Issue:

Whether Ohio's current election law, which restricts early voting in the three days prior to an election on certain voters, violates 42 USCA 1983 and/or the Equal Protection Clause of the 14th Amendment.

Status:

Complaint filed 7/17/12. Motion for Preliminary Injunction filed 7/17/12. Motion to Intervene Granted 8/6/12. Hearing on Motion for Preliminary Injunction held 8/15/12. Opinion and Order Granting Motion for Preliminary Injunction filed 8/31/12. Notice of Appeal of Preliminary Injunction filed 9/4/12. Motion to Enforce Court's Order filed 9/5/12. Hearing on Motion set for 9/13/12. Hearing set for 9/13/12 vacated. Appellants' brief filed 9/10/12. Appellees' brief filed 9/17/12. Reply Brief filed 9/21/12. Opinion affirming district court filed 10/5/12. Application for stay filed in Supreme Court 10/9/12. Reply Brief filed 10/13/12. Stay denied 10/16/12. Answer filed 12/3/12. Status Conference scheduled held 3/18/14. Dispositive motions due 5/1/14. Plaintiffs' Motion for Summary Judgment filed 5/1/14. Defendants' Response to Motion for Summary Judgment filed 5/9/14. Opinion and Order Granting Permanent Injunctive Relief to Plaintiffs filed 6/11/14.

District Court Documents

Court of Appeals Documents

Supreme Court Documents

 

 

Commentary

Steven F. Huefner

Counting Ballots Pursuant to Law is Not Stealing an Election

Steven F. Huefner

Our election systems are deliberately designed to require careful counting of many additional ballots for several days after unofficial results are announced on Election Night. Any effort to undermine this essential part of the vote counting process is antithetical to our system of representative democracy and irresponsible. 

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

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...