OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Ohio Democratic Party v. Husted

Case Information

Date Filed: May 8, 2015
State: Ohio
Issues: Absentee Ballots, Early Voting, Voter Registration
Courts that Heard this Case: United States District Court Southern District of Ohio (Case 15-cv-01802); Sixth Circuit U.S. Court of Appeals (Case 16-3561); United States Supreme Court (Case 16A-223)

Issue:

Whether Ohio regulations and laws regarding early voting, provisional and absentee ballots, and voter registration violate the First, Fourteenth and Fifteenth Amendments, the Voting Rights Act, and the Civil Rights Act of 1964.

Status:

Complaint filed 5/8/15. Answer filed 6/10/15. Bench trial held November 2015. Findings of Fact and Conclusions of Law filed 5/24/16. Order granting in part and denying in part Defendants' Motion for Stay filed 6/9/16. Appellants' Brief filed 6/24/16. Appellees' Brief filed 7/11/16. 6th Circuit Opinion reversing District Court filed 8/23/16. Motion for Stay filed 8/27/16. 6th Circuit Order Denying Stay filed 8/30/16. Emergency Application to Stay 6th Circuit Judgment filed in U.S. Supreme Court 9/1/16. Response in Opposition to Stay filed 9/8/16. Reply in Support of Stay filed 9/12/16. Order Denying Stay Application filed 9/13/16.

 

District Court Documents

 

Sixth Circuit Court of Appeals Documents

 

U.S. Supreme Court Documents

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...