Last Updated: May 16, 2016 at 11:08 AM

SEIU v. Husted

Case Information

Date Filed: June 22, 2012
State: Ohio
Issue: Provisional Ballots
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:12-cv-562); United States 6th Circuit Court of Appeals (Case 12-4264)

Issue:

Whether the failure to ensure that all provisional ballots are properly counted violates the 14th Amendment, the right to vote, the 17th amendment and/or federal voting statutes.

Status:

For latest updates, see NEOCH v. Husted.

Related Cases: NEOCH v. Husted

Court of Appeals Documents (attorney fees)

• Civil Appeal Statement  (filed 1/9/15)
• Order advising that 8 appeals will be consolidated absent objection  (filed 4/20/15)
• Order to Consolidate  (filed 5/8/15)
• Briefing Letter  (filed 5/8/15)
• For further Sixth Circuit filings, see NEOCH v. Husted

District Court Documents

• Complaint (filed 6/22/12)
• Motion for Preliminary Injunction (filed 6/22/12)
  • Proposed Order and Declarations in Support of Motion (filed 6/22/12)
• Related Case Memorandum (filed 6/26/12)
• Order Relating Cases and Setting Hearing on June 27 to Discuss NEOCH Plaintiffs' Motion to Consolidate (filed 6/26/12)
• Declaration of Jusztina Traum (filed 6/29/12)
• Plaintiffs' Motion for Certification of Defendant Class (filed 6/29/12)
• Defendant's Memorandum in Opposition to Motion for Preliminary Injunction (filed 7/6/12)
• Husted's Memorandum Contra Plaintiff's Motion for Preliminary Injunction (filed 7/6/12)
• Joint Scheduling Order (filed 7/9/12)
• Memorandum in Opposition to Motion to Certify Defendant Class (filed 7/13/12)
• First Amended Complaint for Declaratory and Injunctive Relief (filed 7/13/12)
• Plaintiff's Reply Memorandum in Support of Motion for Preliminary Injunction (filed 7/13/12)
  • Declaration of Pete DiBiase (filed 7/13/12)
  • Declaration of William James Dudley (filed 7/13/12)
  • Declaration of Robert W. Grauvogl (filed 7/13/12)
  • Declaration of Cathrine J. Harshman (filed 7/13/12)
• Memorandum of Defendant Preisse in Opposition to Motion for Defendant Class Certification (filed 7/13/12)
• Affidavit of Putative Class Member Christopher Gibbs (filed 7/13/12)
• Affidavit of Daniel B. Miller (filed 7/13/12)
• Affidavit of Putative Class Member Diane Carnes (filed 7/13/12)
• Affidavit of Putative Class Member Dale Fellows (filed 7/13/12)
• Reply Declaration of Nancy Spencer in Support of Plaintiff's Motion for Preliminary Injunction (filed 7/13/12)
• Declaration of Natalya DeRobertis-Theye in Support of in Support of Plaintiff's Motion for Preliminary Injunction (filed 7/13/12)
• Motion to Intervene by Putative Class Members (filed 7/13/12)
• Defendant Burke's Response in Opposition to Plaintiff's Motion for Defendant Class Certification (filed 7/13/12)
• Declaration of Randy Quickel in Support of Plaintiff's Motion for Preliminary Injunction (filed 7/13/12)
• Second Supplemental Declaration of Daniel B. Miller (filed 7/20/12)
• Supplemental Reply Declaration of Cathrine J. Harshman in Support of Plaintiffs' Motion for Preliminary Injunction (filed 7/20/12)
• Plaintiffs' Notice of Filing of Revised Proposed Order for Preliminary Injunction (filed 7/20/12)
• Proposed Second Amended Complaint (filed 7/20/12)
• Plaintiffs' Reply Memorandum in Support of Motion for Certification of Defendant Class (filed 7/20/12)
• Defendant Burke's Response to Plaintiffs' Motion to File a Second Amended Complaint (filed 7/23/12)
• Order Granting Plaintiffs' Motion for Leave to File a Second Amended Complaint (filed 7/23/12)
• Second Amended Complaint for Declaratory and Injunctive Relief (filed 7/24/12)
• Plaintiff's Notice of Withdrawal of Motion for Certification of Defendant Class (filed 7/24/12)
• Motion of Bipartisan Group of Eligible Voters to Intervene (filed 7/27/12)
• Answer to Second Amended Complaint (filed 8/7/12)
• Plenary Opinion and Order (filed 8/27/12)
• State of Ohio's Motion to Intervene with Supporting Memorandum and Exhibits (filed 9/4/12)
• State's Notice of Appeal (filed 9/6/12)
• Secretary of State Husted's Notice of Appeal (filed 9/6/12)
• Intervenors' Notice of Appeal (filed 9/7/12)
• Nunc Pro Tunc Order (filed 9/11/12)
• Husted's Revised Directive to Polling Place Workers (filed 9/12/12)
• Order Granting Motion to Intervene (filed 9/21/12)
• Plaintiffs' Request for Status Conference (filed 10/12/12)
• Plaintiffs' Renewed Motion for Preliminary Injunction with Respect to Wrong Provisional Ballot Locations (filed 10/17/12)
• Order Setting Briefing and Oral Argument Schedule (filed 10/18/12)
• Order Re-setting Briefing and Oral Argument Schedule (filed 10/19/12)
• Defendants' Memorandum Contra Plaintiffs' Renewed Motion for Preliminary Injunction (filed 10/22/12)
• Cuyahoga County Motion for Leave to File Amicus Brief (filed 10/23/12)
• Opinion and Order Granting Motion for Preliminary Injunction (filed 10/26/12)
• Order Granting in Part Defendants' Motion to Modify Consent Decree and Remedying Inconsistency (filed 10/26/12)
• Notice of Appeal (filed 10/26/12)
• Plaintiffs' Joint Notice of Secretary of State Husted's Directive (filed 11/2/12)
  • Exhibit A (Husted's Directive)
• NEOCH Plaintiffs' Motion for Clarification and Modification of Consent Decree; SEIU Plaintiffs' Motion for Preliminary Injunction (filed 11/5/12)
• Scheduling Order (filed 11/5/12)
• State's Memorandum in Opposition (filed 11/6/12)
  • Declaration of Matthew Damschroder (filed 11/6/12)
• Notice of Withdrawal of Preliminary Injunction Motion (filed 11/8/12)
• Opinion and Order (filed 11/13/12)
• Motion for Expedited Briefing Schedule and Hearing (filed 7/1/13)
  • Proposed Order Granting Motion (filed 7/1/13)
• Plaintiffs' Motion for Partial Summary Judgment (filed 7/1/13)
• Order Setting Combined Hearing (filed 7/3/13)
• Defendants' Response to Motion for Summary Judgment (filed 7/3/13)
  • Proposed Order (filed 7/3/13)
• Plaintiffs' Reply Memo in Support of Summary Judgment (filed 7/5/13)
• Order Granting Motion for Partial Summary Judgment and Vacating Oral Argument (filed 7/9/13)
• Order Setting Schedule (filed 7/11/13)
• Defendants' Response to Plaintiffs' 3rd Motion for Extension (filed 7/19/13)
• Consented Motion for Extension (filed 11/7/13)
• Joint Motion for Indicative Ruling to Effect Terms of Settlement on Appeal (filed 1/14/14)
• Defendants' Second Motion for Extension of Time to File Response to Motion for Attorney's Fees (filed 1/24/15)
• Order Granting Defendants' Motion for Extension of Time (filed 1/27/14)
• Order Granting Motion to Vacate (filed 1/31/14)
• Plaintiffs' Motion for Extension of Time to File Reply in Support of Motion for Attorney's Fees (filed 1/31/14)
  • Declaration of Stacey Leyton
  • Proposed Order
• Order Granting Plaintiff's Motion for Extension of Time (filed 2/4/14)
• Order Vacating Nov. 13, 2012 Order (filed 2/7/14)
• Defendants' Response to Motion for Attorney's Fees (filed 2/10/14)
  • Appendix Table of Exhibits
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
  • Exhibit 5
  • Exhibit 6
  • Exhibit 7
  • Exhibit 8
  • Exhibit 9
  • Exhibit 10
  • Exhibit 11
  • Exhibit 12
  • Exhibit 13
  • Exhibit 14
  • Exhibit 15
  • Exhibit 16
  • Exhibit 17
  • Exhibit 18
  • Exhibit 19
  • Exhibit 20
  • Exhibit 21
  • Exhibit 22
  • Exhibit 23
• Plaintiffs' Reply to Response to Motion for Attorney's Fees (filed 3/11/14)
• Supplemental Declaration of Stacey Leyton (filed 3/11/14)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
• Supplemental Declaration of Catherine J. Harshman (filed 3/11/14)
• Supplemental Declaration of Daniel Mordarski (filed 3/11/14)
• Plaintiff's Notice of Supplemental Authority (filed 9/05/14)
• Order denying Motion for Extension of Time (filed 9/29/14)
• Defendant's Notice of Appeal (filed 10/28/14)
• Plaintiff's Bill of Costs (filed 10/29/14)
  • Exhibit A
  • Exhibit B
• Notice of Cross Appeal (filed 11/07/14)
• Order granting Motion for Extension of Time (filed 12/22/14)
• Order regarding Plaintiff's Bill of Costs  (filed 2/17/15)
• Notice of Appeal (filed 3/19/15)
• Notice of Cross Appeal (filed 3/31/15)

Court of Appeals Documents

• State's Motion to Intervene (filed 9/7/12)
• SEIU's Motion to Dismiss State of Ohio's Appeal (filed 9/7/12)
  • Exhibits A-D (filed 9/7/12)
• State's Response to Motion to Dismiss (filed 9/7/12)
• Order Consolidating Appeals (filed 9/7/12)
• Briefing Schedule (filed 9/7/12)
• Order of Consolidation (filed 9/10/12)
• Revised Briefing Schedule (filed 9/10/12)
• Statement of Parties and Issues (filed 9/10/12)
• Motion of Bipartisan Group of Voters to Intervene (filed 9/10/12)
• Brief for the State of Ohio (filed 9/14/12)
• Merit Brief of Defendant-Appellant Husted (filed 9/14/12)
• Brief of Proposed Voter Intervenors (filed 9/14/12)
• Notice Setting Oral Argument Conference Call (filed 9/17/12)
• Oral Argument Calendar (filed 9/17/12)
• Plaintiff-Appellees' Opposition to Motion to Intervene (filed 9/18/12)
• Bipartisan Voters' Reply in Support of Motion to Intervene (filed 9/20/12)
• Brief of Amici Curiae League of Women Voters and Common Cause of Ohio in Support of Affirmance (filed 9/21/12)
  • Motion for Leave to File Brief as Amici Curiae (filed 9/21/12)
• Amicus Brief of Cuyahoga County Supporting Affirmance (filed 9/21/12)
  • Motion for Leave to File Brief as Amici Curiae (filed 9/21/12)
• Exhibit A (Homeless Services in Cuyahoga County) (filed 9/21/12)
• SEIU's Answering Brief (filed 9/21/12)
• SEIU's Motion to File an Overlength Brief (filed 9/21/12)
• Order Denying Voters' Motion to Intervene (filed 9/26/12)
• Order Granting Motions for Leave to File by Cuyahoga County, Leauge of Women Voters and Common Cause (filed 9/26/12)
• Reply Brief of the State of Ohio (filed 9/26/12)
• Motion for Leave to File an Amicus Brief by Citizens Reform Association of Cuyahoga County (filed 9/26/12)
  • Order Granting Motion for Leave to File (filed 9/27/12)
• Order Granting Appellee's Motion to Dismiss State of Ohio's Appeal for Lack of Standing (filed 9/28/12)
• Oral argument audio (10/1/12)
• Opinion (filed 10/11/12)
• Appellants' Emergency Motion to Stay Injunction Pending Appeal (filed 10/26/12)
• Plaintiff-Appellees' Opposition to Emergency Motion to Stay Injunction Pending Appeal (filed 10/29/12)
• Cuyahoga County Amicus Brief Opposing Emergency Motion to Stay Injunction Pending Appeal (filed 10/30/12)
• Appellants' Reply in Support of Emergency Motion to Stay (filed 10/30/12)
• Opinion (filed 10/31/12)
• Petition for En Banc Rehearing (filed 11/15/12)
• Order Denying Petition for En Banc Rehearing (filed 12/5/12)
• Letter Setting Briefing Schedule (filed 12/5/12)
• Letter Extending Dates in Briefing Schedule by 14 Days (filed 12/21/12)
• Letter Revising Briefing Schedule (filed 1/7/13)
• Revised Briefing Schedule (filed 2/8/13)
• Reset Briefing Schedule (filed 3/1/13)
• Mediation Follow up Notice (filed 3/7/13)
• Mediation Conference Notice Follow-Up (filed 3/25/13)
• Briefing Schedule Extended (filed 3/25/13)
• Notice of Mediation Conference (filed 5/15/13)
• Briefing Schedule Extended (filed 5/15/13)
• Mediation Conference Notice Follow-Up (filed 6/26/13)
• Briefing Schedule Extended (filed 7/18/13)
• Mediation Follow-Up (filed 7/26/13)
• Mediation Follow-Up (filed 8/2/13)
• Plaintiff-Appellee's Motion to Dismiss as Moot (filed 8/5/13)
• Appellants' Response Supporting Dismissal (filed 8/15/13)
• Plaintiff Reply In Support of Motion to Dismiss (filed 8/22/13)
• Mediation Follow-Up (filed 9/6/13)
• Briefing Schedule Extension (filed 9/6/13)
• Order Dismissing Appeal and Denying Vacatur (filed 9/27/13)