Last Updated: November 21, 2014 at 1:28 PM
Fair Elections Ohio, The Amos Project, et al v. Husted
Case Information
Date Filed: October 15, 2012
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 1:12-cv-00797-SJD); Sixth Circuit U.S. Court of Appeals (Case 14-4007)
Issue:
Whether it is constitutional for Ohio to fail to make provisions for persons arrested after the absentee ballot deadline (the Saturday before the election at noon) to vote from jail.
Status:
Complaint filed 10/15/12. First-amended complaint filed 10/18/12. Hearing on motion for Temporary Restraining Order set for 10/23/12. Plaintiff's Motion for Temporary Restraining Order denied 11/1/12. Answer filed 11/6/12. Joint Discovery Plan filed 12/28/12. Preliminary Pretrial Order filed 1/16/13. Answer of Defendant Preisse filed 1/22/13. Final Pretrial Conference set for 6/27/14. Emergency Motion to Exclude Defendants Jon Husted and Attorney General Mike DeWine filed 2/28/14. Order denying motion to exclude filed 3/4/14. Defendant and Plaintiffs' Motion for Summary Judgment filed 6/5/14. Defendant and Plaintiffs' Replies to Motion for Summary Judgment filed 6/30/14. Defendant's Reply to Motion for Summary Judgment filed 7/14/14. Plaintiffs' Reply in Support of Motion for Summary Judgment filed 7/15/14. Order granting Plaintiff's Motion for Summary Judgment filed 9/16/14. Defendant's Notice of Appeal filed 10/15/14. Opinion finding lack of standing filed 10/24/14. Order dismissing case filed 11/20/14.
Circuit Court of Appeals Documents
- Briefing Letter
(filed 10/17/14) - Appellant Brief
(filed 10/21/14) - Appellee Brief
(filed 10/21/14) - Appellant's Motion for Leave to file Reply Brief
(filed 10/22/14) - Appellee's Motion for Leave to file Reply Brief
(filed 10/22/14) - Order granting Motions for Leave to file Reply Brief
(filed 10/22/14) - Appellant's Reply Brief
(filed 10/22/14) - Appellee's Reply Brief
(filed 10/22/14) - Opinion Finding Lack of Standing
(filed 10/24/14) - Mandate
(filed 11/18/14)
District Court Documents
- Complaint
(filed 10/15/12) - Motion for Temporary Restraining Order Including Memorandum and Exhibits in Support
(filed 10/15/12) - Court Order Concerning Telephonic Status Conference
(filed 10/16/12) - Notice of Hearing on Motion for Temporary Restraining Order
(filed 10/18/12) - First Amended Complaint
(filed 10/18/12) - Plaintiff's Pre-hearing Memorandum in Support of Motion for Temporary Restraining Order
(filed 10/23/12) - Hearing Minutes
(filed 10/24/12) - Post-Hearing Brief of County Board of Election Defendants
(filed 10/25/12) - Husted and DeWine's Post-Hearing Brief
(filed 10/25/12) - Plaintiff's Post-Hearing Memorandum
(filed 10/26/12) - Defendant Ratliff's Request to be Removed From Lawsuit
(filed 10/26/12) - Plaintiffs' Notice of Supplemental Authority
(filed 10/31/12) - Order Denying Plaintiffs' Motion for Temporary Restraining Order
(filed 11/1/12) - Answer to Plaintiff's Amended Complaint
(filed 11/6/12) - Answer of Frank Cloud
(filed 11/7/12) - Answer of Defendant Burke
(filed 11/13/12) - Answer of Defendant Grooms
(filed 11/19/12) - Pretrial Conference and Discovery Schedule
(filed 11/26/12) - Answer of Defendant Ratliff
(filed 12/4/12) - Joint Discovery Plan
(filed 12/28/12) - Waiver of the Service of Summons
(filed 1/10/13) - Preliminary Pretrial Order
(filed 1/16/13) - Answer of Defendant Preisse
(filed 1/22/13) - Proposed Second Amended Complaint
(filed 2/3/13) - Leave to Amend Granted
(filed 2/6/13) - Second Amended Complaint
(filed 2/8/13) - Answer to Second Amended Complaint
(filed 2/21/13) - Motion to Modify Pretrial Scheduling Order
(filed 4/11/13) - Order Granting Motion to Modify Scheduling Order
(filed 4/12/13) - Amended Pretrial Order
(filed 4/25/13) - Plaintiff's Unopposed Second Motion to Amend Schedule
(filed 8/12/13) - Plaintiff Unopposed Motion to Modify Pretrial Order
(filed 8/16/13) - Defendant's Motion for Deposition of Jeffery Wilkins
(filed 9/16/13) - Order Granting Motion to Depose
(filed 9/23/13) - Defendant Husted's Motion to Modify Pre-trial Order
(filed 12/13/13) - Order Granting Unopposed Motion to Modify Pre-trial Order
(filed 12/22/13) - Defendants' Motion to Exclude
(filed 2/28/14)
- Exhibits A-J
(filed 2/28/14)
- Exhibits A-J
- Order Denying as Moot Motion to Exclude
(3/4/14) - Amended Preliminary Pretrial Order
(3/11/14) - Defendants' Unopposed Motion for Extension of Time
(filed 4/23/14) - Defendants' Motion for Leave to File Excess Pages
(filed 6/2/14) - Deposition of Paul Graham
(filed 6/2/14)
- Deposition of Gregory Dann
(filed 6/2/14)
- Amended Deposition of Gregory Dann
(filed 6/3/14)
- Deposition of Jennifer Brunner
(filed 6/3/14)
- Deposition of Ellen Kitchens
(filed 6/3/14)
- Deposition of Sally Krisel
(filed 6/3/14)
- Deposition of Mark Selling
(filed 6/3/14)
- Deposition of Jeffrey Wilkins
(filed 6/4/14)
- Defendants' Filing of Exhibits (6/4/14)
- Deposition of Jocelyn Bucaro
(filed 6/5/14)
- Deposition of Matthew Damschroder
(filed 6/5/14)
- Deposition of Stephen Mockabee
(filed 6/5/14)
- Deposition of Gretchen Quinn
(filed 6/5/14)
- Deposition of Stephen Mockabee
(filed 6/5/14)
- Order granting Motion to File Excess Pages
(filed 6/5/14) - Order granting Motion to File Excess Pages
(filed 6/5/14) - Defendants' Motion for Summary Judgment
(filed 6/5/14)
- Plaintiffs' Motion for Summary Judgment
(filed 6/5/14)
- Plaintiffs' Motion for Leave to file Excess Pages
(filed 6/27/14) - Defendants' Response to Plaintiffs' Motion for Summary Judgement
(filed 6/30/14) - Plaintiffs' Response to Defendants' Motion for Summary Judgement
(filed 6/30/14) - Order Granting Leave to file Excess Pages
(filed 7/2/14) - Defendant's Reply to Motion for Summary Judgment
(filed 7/14/14) - Plaintiffs' Reply in Support of Motion for Summary Judgment
(filed 7/15/14) - Transfer Order
(filed 8/20/14) - Order Granting Plaintiffs' Motion for Summary Judgment
(filed 9/16/14) - Judgment
(filed 9/16/14) - Defendant's Notice of Appeal
(filed 10/15/14) - Order dismissing case
(filed 11/20/14)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
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A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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