Last Updated: September 23, 2019 at 11:27 AM

Ohio A. Philip Randolph Institute v. Frank LaRose

Case Information

Date Filed / Ended: April 6, 2016 / September 14, 2019
State: Ohio
Issues: Voter Eligibility, Voter Supression
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:16-cv-00303 ); United States Court of Appeals for the Sixth Circuit (Case 18-3984); U.S. Supreme Court (Case 16-980)

Issue:

Whether the removal of eligible voters from Ohio’s voter-registration rolls, as a result of those voters’ decisions not to participate in recent elections, violates the roll-maintenance provisions of the National Voter Registration Act and has caused eligible Ohio citizens to be deprived of the right to vote.

Status:

Complaint  04/06/2016. Answer filed 4/28/16. Amended complaint filed 5/17/16. Defendant's merit brief filed 5/24/16. Plaintiffs' motion for summary judgment and motion for permanent or temporary injunction filed 5/24/16. Order denying Plaintiffs' motion for summary judgment and permanent or temporary injunction, and entering judgment for defendant filed 6/29/16. Appellants' brief at 6th Circuit filed 7/13/16. Appellee's brief filed 7/20/16. 6th Circuit Opinion Reversing District Court filed 9/23/16. District Court Opinion and Order implementing remedies consistent with Sixth Circuit Opinion filed 10/19/16. Petition for Writ of Certiorari filed 2/13/17. Respondents' Brief filed 3/31/17. Petitioners' Reply filed 4/17/17. District Court Order Granting Joint Motion for Further Relief filed 4/24/17. Order Granting Petition for Writ of Certiorari filed 5/30/17. Petitioner's Merit Brief filed 7/31/17. DOJ amicus brief filed 8/7/17. Additional Amicus Briefs filed 8/7/17. Order Setting Oral Argument for Nov. 8 filed 8/31/17. Respondents' Merit Brief filed 9/18/17. Petitioner's Reply Brief filed 10/16/17. Order removing case from Nov. 8 oral argument calendar filed 10/27/17. Order setting case for oral argument on Jan. 10, 2018 filed 11/17/17. Oral Argument transcript filed 1/10/18. 5-4 Opinion upholding Ohio voter purge procedure filed 6/11/18. OPINION AND ORDER: Plaintiffs Motion for Final Judgment is GRANTED IN PARTAND DENIED IN PART and Defendants Motion for Final Judgment is GRANTED IN PARTAND DENIED IN PART. Final judgment shall be entered in favor of Defendant on all but one issuethe requirements to inform voters who have moved out of state how to continue to be eligible to vote. Signed by Judge George C. Smith. Pending Appeal, Emergency Motion filed 10/15/18. Order of USCA denying the request for the injunction filed 11/1/18. Case closed. Joint STIPULATION AND ORDER related to the Primary Election on May 7,2019 3/12/19. Brief of Appelants at 6th circuit filed 1/31/19. Respnose Brief by Appellee filed on 7/8/19. ORDER TO DISMISS WITH PREJUDICE file on 8/30/19. Joint Motion for Immediate Isssuance of Mandate 9/3/19. Ruling Letter Denying as Moot Motion For Immediate Issuance 9/4/19. 

Title changed from Ohio A. Philip Randolph Institute v. Husted to v. Frank LaRose changed 2/4/19.

Disclosure: EL@M Senior Fellow Daniel Tokaji is involved in this case as one of the cooperating attorneys for the ACLU of  Ohio. 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

• Complaint (filed 04/06/16)
• Notice of related case by Plaintiffs (filed 04/06/16)
• Corporate Disclosure Statement by Plaintiff A. Philip Randolph Institute (filed 04/06/16)
• Corporate Disclosure Statement by Plaintiff NEOCH (filed 04/06/16)
• Response re: Notice of Related Case by Defendant (filed 04/08/16)
  • Settlement Agreement
  • First Amendment to Settlement Agreement
• Joint Stipulation and Order by Defendant (filed 04/11/16)
  • Attachment A
• Request for Judicial Notice by Plaintiffs (filed 04/11/16)
• Joint Stipulation and Order (filed 04/11/16)
• Scheduling Order (filed 04/11/16)
• Order regarding Settlement Conference (filed 04/12/16)
• Order memorializing the 4/14/16 Settlement Conference (filed 04/15/16)
• Answer (filed 04/28/16)
• Notice of Settlement Conference set for 5/3/2016 (filed 04/29/16)
• Protective Order (filed 05/02/16)
• Joint Stipulation regarding Discovery and Briefing Schedule (filed 05/12/16)
• Joint Stipulation and Protective Order (filed 05/13/16)
• Order regarding Discovery and Briefing Schedule (filed 05/13/16)
• Amended Complaint (filed 05/17/16)
• Defendant's Merit Brief (filed 05/24/16)
• Motion for Summary Judgment and Permanent Injunction by Plaintiffs (and Affidavits) (filed 05/24/16)
• Declaration of Cameron Bell (and Exhibits) (filed 05/24/16)
• Answer to Amended Complaint (filed 06/10/16)
• Brief by Defendant and Exhibits (filed 06/10/16)
• Response to Plaintiffs' Statement of Purportedly Undisputed Material Facts by Defendant (filed 06/10/16)
• Brief by Plaintiffs (filed 06/10/16)
• Brief by Defendant (filed 06/17/16)
• Plaintiffs' Reply in Support of Motion for Summary Judgment (filed 06/17/16)
• Brief of Amicus Curiae by Amicus Public Interest Legal Foundation In Favor of Defendant (filed 06/20/16)
• Brief of Amicus Curiae by Amicus Judicial Watch In Favor of Defendant (filed 06/20/16)
• Order Denying Plaintiffs' Motion for Summary Judgment and Permanent Injunction, and Entering Judgment for Defendant (filed 06/29/16)
• Joint Stipulation and Order by Defendant (filed 06/29/16)
  • Exhibit A
• Clerk's Judgment in favor of Defendant (filed 06/29/16)
• Notice of Appeal (filed 06/30/16)
• Motion to Implement Remedy (filed 10/13/16)
• Plaintiffs' Emergency Motion for a Temporary Restraining Order and Order to Show Cause (filed 10/13/16)
• Ohio Democratic Party's Motion for Leave to File Amicus Curiae Brief (filed 10/17/16)
• Plaintiffs' Opposition to Defendant Husted's Motion to Implement Remedy (filed 10/17/16)
• Memorandum in Opposition to Plaintiffs' Request for a Temporary Restraining Order (filed 10/17/16)
• Statement of Interest of the United States (filed 10/17/16)
• Memorandum in Opposition to the Ohio Democratic Party's Motion for Leave to File an Amicus Curiae Brief (filed 10/17/16)
• Plaintiffs' Reply in Support of Motion for Temporary Restraining Order (filed 10/17/16)
• Motion of Defendant Secretary of State Husted to Strike Plaintiffs' Reply in Support of Motion for Temporary Restraining Order (filed 10/17/16)
• The Secretary's Reply in Support of the Secretary's Proposed Directive (filed 10/18/16)
• Memorandum in Response to the United States of America's Statement of Interest (filed 10/18/16)
• Opinion and Order (filed 10/19/16)
• Notice of Issuance of Directive Pursuant to Court Order (filed 10/20/16)
• Joint Motion for Further Relief (filed 10/24/16)
• Order Granting Joint Motion for Further Relief (filed 10/25/16)
• Joint Motion for Further Relief (filed 11/18/16)
• Order Granting Joint Motion for Further Relief (filed 11/21/16)
• Notice of Filing of Petition for Writ of Certiorari (filed 2/13/17)
• Protective Order (filed 3/27/17)
• Stipulated Confidentiality Agreement and Protective Order (signed by magistrate) (filed 4/5/17)
• Stipulated Confidentiality Agreement and Protective Order (signed by judge) (filed 4/5/17)
• Stipulated Confidentiality Agreement and Proective Order (filed 4/13/17)
• Joint Motion for Further Relief (filed 4/18/17)
• Order Granting Joint Motion for Further Relief (filed 4/24/17)
• Joint Stipulation and Order, Special Election (filed 7/31/18)
• Motion for Summary Judgment (filed 9/14/18)
• Exhibit A
• Exhibit B
• Exhibit C
• Exhibit D
• Exhibit E
• Exhibit F
• Exhibit G
• Exhibit H
• Exhibit I
• Exhibit J
• Exhibit K
• Exhibit L
• Defendant Secretary of State Jon Husted's Merit Brief (filed 9/27/18)
• Exhibit A
• Exhibit B
• Exhibit C
• Exhibit D
• Exhibit E
• Exhibit F
• Exhibit G
• Brief of Amicus Curiae Judicial Watch (filed 10/01/18)
• Plaintiffs' Reply in Support of Motion for Entry of Judgment or Summary (filed 10/05/18)
• Exhibit A
• Exhibit B
• Exhibit C
• Exhibit D
• Opinion and Order (filed 10/10/18)
• Notice of Appeal (filed 10/11/18)

Order Plaintiffs' Motion Injunction (filed 10/12/18)

Order of USCA Denying the Request for the Injunction (filed 11/1/18)

Joint Stipulation and Order Related to The Primary Election on May 7, 2019 (filed 3/12/19)

6th Circuit Court of Appeals Documents

• Appellants' Brief (filed 7/13/16)
• Amicus Brief of U.S. (filed 7/18/16)
• Appellee's Brief (filed 7/20/16)
• Brief of Amici Curiae, Common Cause et al (filed 7/20/16)
• Appellants' Reply Brief (filed 7/22/16)
• Amicus Curiae Brief of Judicial Watch (filed 7/27/16)
• Opinion Reversing District Court (filed 9/23/16)
• Emergency Motion for Injunction (filed 10/15/18)
• Amicus Brief (filed 10/18/18)
• Amicus Appearance (filed 10/19/18)
• Amicus Brief (filed 10/19/18)
• Reply in Support of Emergency Motion (filed 10/19/18)
• Order:The Emergency Motion for an Injunction Pending Appeal is Granted in Part and Denied in Part (filed 10/31/18)
• Brief of Appellants (filed 1/31/19)
• Brief of Appellee (filed 7/8/19)
• Order To Dismiss With Prejudice (filed 8/30/19)
• Joint Motion For Immediate Issuance Of Mandate (filed 9/3/19)
• Ruling Letter Denying As Moot Motion For Immediate Issuance (filed 9/4/19)

 

U.S. Supreme Court Documents

• Petition for Writ of Certiorari (filed 2/13/17)
• Amicus Brief of Former Attorneys in DOJ Civil Rights Division (filed 3/9/17)
• Amicus Brief of Landmark Legal Foundation (filed 3/10/17)
• Amicus Brief of Judicial Watch (filed 3/10/17)
• Amicus Brief of Georgia and 14 other states (filed 3/10/17)
• Respondents' Brief (filed 3/31/17)
• Petitioners' Reply (filed 4/17/17)
• Case distributed for Conference of May 11, 2017
• Order Granting Petition for Writ of Certiorari (see p. 3) (filed 5/30/17)
  • Question Presented
• Petitioner's' Merit Brief (filed 7/31/17)
• DOJ Amicus Brief (filed 8/7/17)
• Amicus Brief of Buckeye Institute (filed 8/7/17)
• Amicus Brief of Eagle Forum Education & Legal Defense Fund (filed 8/7/17)
• Amicus Brief of Georgia and 16 Other States (filed 8/7/17)
• Amicus Brief of Judicial Watch, Inc. (filed 8/7/17)
• Amicus Brief of American Civil Rights Union (filed 8/7/17)
• Amicus Brief of Former Attorneys of the Civil Rights Division of the U.S. DOJ (filed 8/7/17)
• Amicus Brief of Landmark Legal Foundation et al (filed 8/7/17)
• Amicus Brief of National Conference of State Legislatures (filed 8/7/17)
• Order Setting Oral Argument for Nov. 8 (filed 8/31/17)
• Amicus Brief of Libertarian Party of Ohio (filed 9/19/17)
• Amicus Brief of Constitutional Accountability Center (filed 9/22/17)
• Amicus Brief of American History Professors (filed 9/22/17)
• Amicus Brief of Libertarian National Committee (filed 9/22/17)
• Amicus Brief of League of Women Voters of the United States (filed 9/22/17)
• Amicus Brief of NAACP et al (filed 9/22/17)
• Amicus Brief of Sherrod Brown (filed 9/22/17)
• Amicus Brief of Certain Members of the Congressional Black Caucus (filed 9/22/17)
• Amicus Brief of National Disability Rights Network et al (filed 9/22/17)
• Amicus Brief of Common Cause (filed 9/22/17)
• Amicus Brief of Eric H. Holder, Jr. et al (filed 9/22/17)
• Amicus Brief of State of New York et al (filed 9/22/17)
• Amicus Brief of Asian Americans Advancing Justice (filed 9/22/17)
• Amicus Brief of Public Citizen, Inc. (filed 9/22/17)
• Amicus Brief of Current and Former Ohio Elections Officials (filed 9/22/17)
• Amicus Brief of Vote Vets Action Fund (filed 9/22/17)
• Amicus Brief of Lawyers' Committee for Civil Rights Under Law et al (filed 9/22/17)
• Amicus Brief of NAACP Legal Defense and Educational Fund, Inc. et al (filed 9/22/17)
• Respondents' Merit Brief (filed 9/15/17)
• Petitioner's Reply Brief (filed 10/16/17)
• Order removing case from Nov. 8 oral argument calendar (filed 10/27/17)
• Order setting case for oral argument on Jan. 10, 2018 (filed 11/17/17)
• Oral Argument Transcript (filed 1/10/18)
• Opinion Upholding Ohio Voter Purge Procedure (filed 6/11/18)

 

ƒ