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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Hindel v. Husted

Case Information

Date Filed: December 7, 2015
State: Ohio
Issues: Absentee Ballots, Voting Technology
Courts that Heard this Case: U.S. District Court for the Sourthern District of Ohio (Case 2:15-cv-03061); Sixth Circuit U.S. Court of Appeals (Case 17-03207); U.S. District Court . (Case 2:15-cv-0361-JLG-KAJ)

Issue:

Whether Ohio is violating the Americans with Disabilities Act by allegedly not providing equal opportunity for blind voters to vote absentee and access the Ohio Secretary of State's voter services website.

Status:

Complaint filed 12/7/15. Motion for preliminary injunction filed 12/7/15. Answer filed 2/5/16. Motion for judgment on the pleadings filed 2/5/16. Plaintiffs' response in opposition filed 2/29/16. Motion for permanent injunction filed 4/816. Defendant's memorandum in opposition to motion for permanent injunction filed 4/25/16. Opinion and order granting defendant's motion for judgment on the pleadings filed 5/11/16. Motion for reconsideration filed 7/7/16. Joint motion for status conference filed 10/6/16. Motion for Permanent Injunction filed 11/16/16. Husted Response in Opposition to Motion for Permanent Injunction filed 12/7/16. Opinion and Order Granting in Part Plaintiffs' Motion for Permanent Injunction filed 2/1/17. Motion for Attorney Fees filed 2/24/17. Notice of Appeal filed 2/24/17. Appellants' Brief filed 4/12/17. Amicus brief of ACLU et al filed 4/17/17. Appellee's Brief filed 5/10/17. Sixth Circuit Opinion Reversing District Court filed 11/13/17. District Court Order for Status Update by March 1, 2018, filed 1/29/18. Plaintiffs' remaining claims against the Defendant are dismissed with prejudice in accordance with the terms of the parties' Settlement Agreement filed 6/11/18

U.S. District Court Documents

Sixth Circuit Court of Appeals 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. 


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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...