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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Thompson v. DeWine

Case Information

Date Filed: April 17, 2020
State:
Issue: Ballot Access
Current Court: U.S. Court of Appeals for the Sixth Circuit (Case 20-3526)

Issue:

Plaintiffs are suing to reduce or eliminate the number of signatures required to place an issue on local and statewide ballots due to the coronavirus pandemic and accompanying social distancing orders. 

Status:

Sixth Circuit Opinion issued 9/16/20.

U.S. District For The Southern District Of Ohio Documents

  • Complaint Against All Plaintiffs pdf file (4/27/20)
  • Motion For Temporary Restraining Order By Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson pdf file (4/27/20)
  • Appendix Memorandum Of Law In Support Of TRO pdf file (4/27/20)
  • Complaint In Intervention For Temporary Restraining Order, Preliminary And Permanent Injunctive Relief Against Amy Acton, Richard Mike DeWine, Frank LaRose, Filed By Laura A Gold, Darlene L English, Ohioans For Secure And Fair Elections, Isabel C Robertson, Scott A Campbell, Ebony Speakes-Hall, Susan G Ziegler, Andre Washington, Hasan Kwame Jeffries, Paul Moke pdf file (4/30/20)
  • Exhibit A - Declaration Of Dr. Reingold pdf file (4/30/20)
  • Exhibit B - Declaration Of Antonia Dippold-Webb pdf file (4/30/20)
  • Motion For Temporary Restraining Order, Motion For Preliminary Injunction By Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Ohioans For Secure And Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler, Defendant Paul Moke pdf file (4/30/20)
  • Exhibit Correspondence Between Secretary Of State's Office And OSFE Campaign Director pdf file (4/30/20)
  • Exhibit B - Declaration Of Antonia Dippold-Webb pdf file (4/30/20)
  • Exhibit C - Declaration Of Susan Zeigler pdf file (4/30/20)
  • Exhibit D- Declaration Of Scott Campbell pdf file (4/30/20)
  • Exhibit E -Declaration Of Paul Moke pdf file (4/30/20)
  • Exhibit F - Declaration Of Andre Washington pdf file (4/30/20)
  • Exhibit G -Declaration Of Dr. Reingold pdf file (4/30/20)
  • Exhibit H - Virginia Order pdf file (4/30/20)
  • Motion To Intervene By Intervenor Plaintiffs Ohioans For Raising The Wage, Anthony Caldwell, James E. Hayes, David G Latanick, Pierrette M. Talley pdf file (5/1/20)
  • Exhibit Proposed Intervenors' Complaint pdf file (5/1/20)
  • Exhibit Proposed Intervenors' Motion For TRO And Preliminary Injunction pdf file (5/1/20)
  • Response To Motion re Motion To Intervene, Motion To Intervene No Opposition Filed By Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson pdf file (5/1/20)
  • Order Granting Motion To Intervene And Granting Motion To Intervene pdf file (5/4/20)
  • Motion To Amend/Correct Declaration By Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans For Raising The Wage, Pierrette M. Talley pdf file (5/4/20)
  • Exhibit Corrected Declaration pdf file (5/4/20)
  • Order Granting Motion To Amend/Correct pdf file (5/4/20)
  • Response In Opposition re Motion For Temporary Restraining Order , Motion For Temporary Restraining Order Motion For Preliminary Injunction Filed By Defendants Amy Acton, Richard Mike DeWine, Frank LaRose pdf file (5/12/20)
  • Exhibit A, Aaffidavit Of A.M. Grandjean pdf file (5/12/20)
  • Reply To Response To Motion re Motion For Temporary Restraining Order Filed By Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson pdf file (5/13/20)
  • Exhibit Frequently Asked Questions pdf file (5/13/20)
  • Reply To Response To Motion re Motion To Intervene And Motion For Temporary Restraining Order And Preliminary Injunction Filed By Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans For Raising The Wage, Pierrette M. Talley pdf file (5/14/20)
  • Reply To Response To Motion re Motion For Temporary Restraining Order Motion For Preliminary Injunction Filed By Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans For Secure And Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler pdf file (5/14/20)
  • Opinion And Order Granting In Part And Denying In Part Motions For Preliminary Injunction pdf file (5/19/20)
  • Notice Of Appeal re Order On Motion For Preliminary Injunction By Defendants Amy Acton, Richard Mike DeWine, Frank LaRose pdf file (5/20/20)
  • Motion To Stay re Order On Motion For Preliminary Injunction By Defendants Amy Acton, Richard Mike DeWine, Frank LaRose pdf file (5/20/20)
  • Response In Opposition re Motion To Stay re Order On Motion For Preliminary Injunction Filed By Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson pdf file (5/21/20)
  • Response In Opposition re Motion To Stay re Order On Motion For Preliminary Injunction Filed By Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans For Raising The Wage, Pierrette M. Talley pdf file (5/21/20)
  • Response In Opposition re Motion To Stay re Order On Motion For Preliminary Injunction Filed By Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans For Secure And Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler pdf file (5/21/20)
  • Opinion And Order Denying Motion To Stay pdf file (5/22/20)
  • U.S. Sixth Circuit Of Appeals

  • Civil Case Docketed pdf file (5/21/20)
  • Combined Emergency Motion Filed By Mr. Benjamin Michael Flowers For Amy Acton, Richard Michael Dewine And Frank LaRose For An Administrative Stay And A Stay Pending Appeal pdf file (5/21/20)
  • Petition For Initial En Banc Hearing Filed By Mr. Benjamin Michael Flowers For Amy Acton, Richard Michael Dewine And Frank LaRose pdf file (5/21/20)
  • Response In Opposition Filed Regarding A Motion,; Previously Filed By Mr. Benjamin Michael Flowers For Richard Michael Dewine, Amy Acton And Frank LaRose. Response From Attorney Mr. Mark R. Brown For Appellees Don Keeney, William T. Schmitt And Chad Thompson pdf file (5/22/20)
  • Response In Opposition Filed Regarding A motion,; Previously Filed By Mr. Benjamin Michael Flowers For Richard Michael Dewine, Amy Acton And Frank LaRose. Response From Attorney Mr. Mark R. Brown For Appellees Don Keeney, William T. Schmitt And Chad Thompson pdf file (5/22/20)
  • Reply Filed By Mr. Benjamin Michael Flowers For Amy Acton, Richard Michael Dewine And Frank LaRose Regarding Combined Emergency Motion For An Administrative Stay And A Stay Pending Appeal pdf file (5/22/20)
  • Response In Opposition Filed Regarding A Motion To Stay Injunction Pending Appeal,; Previously Filed By Mr. Benjamin Michael Flowers In Response From Attorney Ms. Tiffany Alora Thomas For Appellees Ohioans For Secure And Fair Elections, Darlene L. English, Laura A. Gold, Isabel C. Robertson, Ebony Speakes-Hall, Paul Moke, Andre Washington, Scott A. Campbell, Susan Zeigler pdf file (5/22/20)
  • Response In Opposition Filed Regarding An, Response From Attorney Mr. Benjamin Michael Flowers For Appellants Amy Acton, Richard Michael Dewine And Frank LaRose pdf file (5/26/20)
  • Per Curiam Order Granting Defendants Motion For A Stay Pending Appeal And Dismiss As Moot Their Motion For An Administrative Stay pdf file (5/26/20)
  • Reply Filed By Ms. Anne M. Sferra For National Federation Of Independent Businesses/Ohio, Ohio Business Roundtable, Ohio Chamber Of Commerce, OCRM, Ohio Farm Bureau Federation, Inc. And Ohio Manufacturers' Association Regarding Response Of Ohioans For Raising The Wage Appellees pdf file (5/26/20)
  • Petition For En Banc Rehearing Filed By Mr. Mark R. Brown For Don Keeney, William T. Schmitt And Chad Thompson pdf file (5/26/20)
  • Motion Filed By Mr. Mark R. Brown For Don Keeney, William T. Schmitt And Chad Thompson For Vacate Stay Pending Appeal pdf file (5/26/20)
  • Response In Support Filed Regarding A Petition For Initial En Banc Hearing,; Previously Filed By Mr. Benjamin Michael Flowers For Richard Michael Dewine, Amy Acton And Frank LaRose. Response From Attorney Mr. Mark R. Brown For Appellees Don Keeney, William T. Schmitt And Chad Thompson pdf file (5/28/20)
  • Response In Opposition Filed Regarding A Petition,; Previously Filed By Mr. Benjamin Michael Flowers For Richard Michael Dewine, Amy Acton And Frank LaRose pdf file (5/28/20)
  • Order Granting Motion Of Appellants Richard Michael Dewine, Frank LaRose And Amy Acton For Leave To File A Reply In Support Of Initial En Banc Review pdf file (5/29/20)
  • Reply Filed By Mr. Benjamin Michael Flowers For Richard Michael Dewine, Frank LaRose And Amy Acton In Support Of Initial En Banc Review pdf file (5/29/20)
  • Additional Citation Filed By Mr. Mark R. Brown For Don Keeney, William T. Schmitt And Chad Thompson pdf file (5/29/20)
  • Motion Filed By Mr. Mark R. Brown For Don Keeney, William T. Schmitt And Chad Thompson For Reconsideration Under Sixth Circuit Rule 27(g) And Vacate Stay In Light Of Intervening Supreme Court Decision pdf file (5/30/20)
  • Reply Filed By Mr. Mark R. Brown For Don Keeney, William T. Schmitt And Chad Thompson Regarding Appellants' Response To Motion For Reconsideration And To Vacate Stay In Light Of Intervening Supreme Court Decision pdf file (6/1/20)
  • Civil Appeal Statement Of Parties And Issues Filed By Attorney Mr. Benjamin Michael Flowers For Appellants Amy Acton, Richard Michael Dewine And Frank LaRose pdf file (6/11/20)
  • Order Denying Petition For Initial Hearing En Banc, Petition For Rehearing En Banc, Motion For Reconsideration, And Motion To Vacate The Stay Pending Appeal pdf file (6/16/20)
  • Response In Opposition Filed Regarding A Motion For Miscellaneous Relief pdf file (7/8/20)
  • Reply Filed By Mr. Mark R. Brown For Don Keeney, William T. Schmitt And Chad Thompson Regarding Motion To Partially Lift Stay pdf file (7/9/20)
  • Order Denying Plaintiffs Emergency Motion To Partially Lift The Stay Pending Appeal And Denying The States Motion To Prevent Plaintiffs From Filing Further Motions pdf file (7/13/20)
  • Appellant Brief Filed By Mr. Benjamin Michael Flowers For Amy Acton, Richard Michael Dewine And Frank LaRose pdf file (7/17/20)
  • Opinion pdf file (9/16/20)
  • Supreme Court Of The United States

  • Application To Vacate Stay, Submitted To Justice Sotomayor pdf file (6/16/20)
  • Response To Application From Respondents DeWine, Gov. Of OH, et al. pdf file (6/22/20)
  • Reply Of Applicants Chad Thompson, et al. pdf file (6/22/20)
  • 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...