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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

A. Philip Randolph Institute of Ohio v. LaRose

Case Information

Date Filed: August 26, 2020
State: Ohio
Issues: Absentee Ballots, Improper Election Administration, Voter Supression
Current Court: U.S. District Court for the Northern District of Ohio (Case 1:20-cv-01908)

Issue:

Whether Ohio Secretary of State LaRose's directive limiting each Ohio county to a single secure drop box for absentee applications and ballots in the 2020 election violates the fundamental right to vote under the First and Fourteenth Amendments, and the Equal Protection Clause of the Fourteenth Amendment.

Status:

Motion for Preliminary Injunction filed 9/4/20. Order Granting Motion to Intervene of Donald J. Trump for President et al filed 9/15/20.

U.S. District Court Documents

  • Complaint pdf file (8/26/20)
  • Plaintiffs' Motion for Preliminary Injunction pdf file (9/4/20)
  • Answer of Defendant Ohio Secretary of State Frank LaRose pdf file (9/09/20)
  • Motion to Intervene of Donald J. Trump for President, Inc., The Ohio Republican Party, The Republican National Committee, and The National Republican Congression Committee pdf file (9/10/20)
  • Plaintiffs' Opposition to Motion to Intervene of Donald J. Trump for President, Inc., The Ohio Republican Party, The Republican National Committee, and The National Republican Congressional Committee pdf file (9/14/20)
  • Reply of Donald J. Trump for President, Inc., The Ohio Republican Party, The Republican National Committee, and The National Republican Congressional Committee in Support of Their Motion to Intervene pdf file (9/15/20)
  • Opinion and Order pdf file (9/15/20)
  • Answer of Donald J. Trump for President, Inc., The Ohio Republican Party, The Republican National Committee, and The National Republican Congressional Committee pdf file (9/15/20)
  • Intervenor-Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction pdf file (9/16/20)
  • Defendant Ohio Secretary of State Frank LaRose's Memorandum in Opposition to Plaintiffs' Motion for Permanent Injunction pdf file (9/16/20)
  • 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...