NEOCHvhusted.php

Last Updated: July 31, 2018 at 12:45 PM

NEOCH v. Husted

Case Information

Date Filed: October 24, 2006
State: Ohio
Issues: Voter ID, Provisional Ballots, Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00896-ALM-TPK); U.S. Court of Appeals, 6th Circuit (Case 12-4354); U.S. Supreme Court (Case 16-1068); U.S. Court of Appeals, 6th Circuit (Case 14-4132)

Issue:

Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Subsequent Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.

Current Issue: Whether Ohio SB 205 and 216 unlawfully discriminate against minority voters and unconstitutionally burden the right to vote.

Status:

Plaintiffs' and Defendants' trial briefs filed 3/10/16. Trial at District Court held March 2016. Parties' proposed findings of fact filed 4/28/16. Defendants' post-trial brief filed 5/5/16. Plaintiffs' response to defendants' proposed findings of fact and conclusions of law filed 5/5/16. Opinion enjoining enforcement of Ohio statutes filed 6/7/16. 6th Circuit Opinion affirming District Court's attorney fee award (with some exceptions) filed 8/1/16. Opinion reversing District Court on most of plaintiffs' claims filed 9/13/16. Order denying rehearing en banc filed 10/6/16. Emergency Application to Stay Sixth Circuit Mandate filed in U.S. Supreme Court 10/25/16. Response in Opposition filed 10/28/16. Order Denying Emergency Application for Stay filed 10/31/16. Petition for Writ of Certiorari filed 3/3/17. District Court Opinion and Order Denying Motion to Extend Consent Decree filed 4/28/17. Order Denying Writ of Certiorari filed 6/19/17. District Court order granting joint motion to assign case to magistrate for mediation filed 1/17/18. The parties have agreed to resolve without further litigation. The Stipulated Judgement globally resolves all attorneys' fees and costs that Plaintiffs have sought filed 3/28/18. Opinion affirming District Court attorney fee decisionfiled 8/1/18.

Related Case: SEIU v. Husted

Disclosure: EL@M Senior Fellow Daniel Tokaji is one of the attorneys representing amici League of Women Voters of Ohio and Common Cause of Ohio in this case. 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.