Last Updated: September 6, 2016 at 6:18 PM

In re 2016 Primary Election

Case Information

Date Filed: March 15, 2016
State: Ohio
Issue: Polling Place Notices
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 1:16-mc-00005-TSB); Sixth Circuit U.S. Court of Appeals (Case 16-03350, 16-03352, and 16-03357)

Issue:

(1) Whether a federal court has jurisdiction to order state elections officials to extend polling hours or re-open polls with no complaint filed, no identified plaintiff, no federal cause of action or basis for federal jurisdiction identified, and no state action at issue.

(2) Whether a federal court may grant relief without identifying any state action that constituted a violation of law to be remedied.

(3) Whether a federal court may grant relief with no process preceding the decision, specifically, (a) no filed complaint or motion, (b) no advance notice to Defendant Ohio Secretary of State or affected County Boards of Elections; and (c) none of the prerequisites of Fed. R. Civ. P. 65 satisfied, such as the notice under Rule 65(a), requirements to forgo notice under Rule 65(b)(1), or a stated basis for the lack of notice under Rule 65(b)(2).

(4) Whether a federal court may order polls to be kept open in an order issued after closing time was reached, in light of this Court's and the Supreme Court's repeated admonishments discouraging such last-minute orders, and in light of the impossibility of contacting hundreds of polling locations that were already closing before the order issued.

Status:

Order issued 3/15/16. Notices of Appeal filed 4/11/16. Order directing clerk to appoint counsel to defend District Court order filed 5/2/16. Appearance entered by attorney Rachel Bloomekatz to defend District Court order 5/11/16. Appellants' Brief filed 6/23/16. Appointed Counsel Brief filed 7/14/16. Opinion and Order Vacating Preliminary Injunction filed 9/6/16.

District Court Documents

• Order (filed 03/15/16)
• Ohio Secretary of State Husted Notice Of Appearance (filed 03/31/16)
• Damschroder Affidavit (filed 04/04/16)
• Bucaro Affidavit (filed 04/04/16)
• Sleeth Affidavit (filed 04/04/16)
• Butler County Board of Elections Motion To Intervene (filed 04/04/16)
• Poland Declaration (filed 04/05/16)
• Hamilton County Board of Elections Motion To Intervene (filed 04/05/16)
• Order Granting Intervention (filed 04/08/16)
• Hamilton County Board of Elections Notice Of Appeal (filed 04/11/16)
• Husted Notice Of Appeal (filed 04/11/16)
• Hamilton County Board of Elections Civil Case Docketed (filed 04/11/16)
• Ohio Secretary of State Civil Case Docketed (filed 04/11/16)
• Appearance filed for Appellant Hamilton County Board of Elections by David T. Stevenson (filed 04/11/16)
• Appearance filed for Appellant Hamilton County Board of Elections by Cooper Bowen (filed 04/11/16)
• Butler County Board of Elections Civil Case Docketed (filed 04/12/16)
• Butler County Board of Elections Notice Of Appeal (filed 04/12/16)

Sixth Circuit Court of Appeals

• Civil Appeal Statement of Parties and Issues (filed 04/15/16)
• Civil Appeal Statement of Parties and Issues filed by Attorney Mr. Roger S. Gates for Appellant Butler County Board of Elections (filed 04/28/16)
• Civil Appeal Statement of Parties and Issue filed by Attorney Mr. Cooper David Bowen for Appellant Hamilton County Board of Elections (filed 04/28/16)
• Order directing clerk to appoint counsel to defend District Court's order (filed 05/03/16)
• Appearance entered by attorney Rachel Bloomekatz to defend District Court order (filed 05/11/16)
• Order to Consolidate (filed 06/02/16)
• Appellants' Brief (filed 06/23/16)
• Amicus Brief (filed 7/14/16)
• Reply Brief of Appellants (filed 7/21/16)
• Opinion and Order Vacating Preliminary Injunction (filed 9/6/16)