Last Updated: September 13, 2016 at 1:53 PM
Ohio Democratic Party v. Husted
Case Information
Date Filed: May 8, 2015
State: Ohio
Issues: Absentee Ballots, Early Voting, Voter Registration
Courts that Heard this Case: United States District Court Southern District of Ohio (Case 15-cv-01802); Sixth Circuit U.S. Court of Appeals (Case 16-3561); United States Supreme Court (Case 16A-223)
Issue:
Whether Ohio regulations and laws regarding early voting, provisional and absentee ballots, and voter registration violate the First, Fourteenth and Fifteenth Amendments, the Voting Rights Act, and the Civil Rights Act of 1964.
Status:
Complaint filed 5/8/15. Answer filed 6/10/15. Bench trial held November 2015. Findings of Fact and Conclusions of Law filed 5/24/16. Order granting in part and denying in part Defendants' Motion for Stay filed 6/9/16. Appellants' Brief filed 6/24/16. Appellees' Brief filed 7/11/16. 6th Circuit Opinion reversing District Court filed 8/23/16. Motion for Stay filed 8/27/16. 6th Circuit Order Denying Stay filed 8/30/16. Emergency Application to Stay 6th Circuit Judgment filed in U.S. Supreme Court 9/1/16. Response in Opposition to Stay filed 9/8/16. Reply in Support of Stay filed 9/12/16. Order Denying Stay Application filed 9/13/16.
District Court Documents
- Complaint
(filed 5/8/15) - Notice by Plaintiff of Related Case
(filed 5/12/15) - Defendant's Response regarding Related Case
(filed 5/13/15) - Plaintiff's Response to Related Case
(filed 5/14/15) - Notice of Preliminary Pretrial Conference
(filed 5/28/15) - Related Case Memorandum Order
(filed 6/01/15) - Defendants' Answer and Affirmative Defenses
(filed 6/10/15) - Rule 26(f) Report of Plaintiffs
(filed 7/01/15) - Defendant Ohio Secretary of State's and Defendant Ohio Attorney General's Rule 26(f) Report
(filed 7/01/15) - Requests for Production to all Defendants
(filed 7/06/15) - Order Striking Plaintiffs' Requests for Production to all Defendants
(filed 7/06/15) - Minute Entry for Proceedings: Initial Pretrial Conference held on 7/08/15 (filed 7/08/15) (Document Not Available)
- Preliminary Pretrial Order
(filed 7/09/15) - Notification of Potential for Video Recording
(filed 7/09/15) - Motion for Reconsideration of Preliminary Pretrial Order and for Continuance of Trial Date
(filed 7/13/15) - Defendants' Opposition to Plaintiffs' Motion to Amend the Trial Schedule
(filed 7/14/15) - Reply in Support of Plaintiffs' Motion for Reconsideration of Preliminary Pretrial Order and for Continuance of Trial Date
(filed 7/24/15) - PILF's Motion for Leave to Participate as Amicus Curiae
(filed 7/30/15) - PILF's Corporate Disclosure Statement
(filed 7/30/15) - Notice of Telephonic Status Conference
(filed 8/13/15) - Order Granting In-Part Plaintiffs' Motion for Reconsideration of the Preliminary Pretrial Order
(filed 8/13/15) - Motion to Substitute Plaintiff Ohio Organizing Collaborative Pursuant to Rule 21 and to Amend Complaint Pursuant to Rule 15
(filed 8/13/15) - Minute Entry for Proceedings (filed 8/17/15) (Document Not Available)
- Order on Motion to Substitute and to Amend Complaint
(filed 8/17/15) - Defendants' Opposition to Plaintiffs' Motion to Amend
(filed 8/20/15) - Plaintiffs' Memorandum in Opposition to Motion for Leave to Participate as Amicus Curiae
(filed 8/21/15) - Plaintiffs' Reply in Support of Motion to Substitute Parties and Amend the Complaint
(filed 8/24/15) - Opinion and Order on PILF Motion
(filed 9/02/15) - Opinion and Order on Ohio Organizing Collaborative's Motion
(filed 9/02/15) - Amended Complaint
(filed 9/08/15) - ANSWER to Amended Complaint filed by Mike DeWine, Jon Husted
(filed 10/1/15) - ORDER regarding status conference held 10/15/2015
(filed 10/16/15) - Discovery Conference ORDER
(filed 10/26/15) - Plaintiffs' Proposed Joint Final Pretrial Statement
(filed 11/02/15) - Order signed by Judge Michael H. Watson
(filed 11/05/15) - MOTION to Compel by Defendants Husted et al
(filed 11/06/15) - ORDER Re: MOTION to Compel
(filed 11/09/15) - RESPONSE in Opposition to MOTION to Compel
(filed 11/09/15) - OPINION AND ORDER denying MOTION to Compel
(filed 11/12/15) - NOTICE by Defendants Mike DeWine Jon Husted of Filing Deposition Transcripts
(filed 11/12/15) - Defendant's Trial Brief
(filed 11/12/15) - NOTICE by Plaintiffs
(filed 11/12/15) - Plaintiff's Trial Brief
(filed 11/13/15) - Emergency MOTION to Quash Subpoena
(filed 11/20/15) - ORDER regarding post-trial briefs
(filed 12/04/15) - Trial Transcript 11/16/15
(filed 12/07/15) - Trial Transcript 11/17/15
(filed 12/07/15) - Trial Transcript 11/19/15
(filed 12/07/15) - Trial Transcript 11/20/15
(filed 12/07/15) - Trial Transcript 11/23/15
(filed 12/07/15) - Trial Transcript 11/24/15
(filed 12/07/15) - Trial Transcript 11/30/15
(filed 12/07/15) - Trial Transcript 12/01/15
(filed 12/07/15) - Trial Transcript 12/02/15
(filed 12/07/15) - Trial Transcript 12/03/15
(filed 12/07/15) - Defendants' Objections to the Admissibility of Evidence
(filed 12/22/15)
- Defendants' Proposed Findings of Fact and Conclusions of Law
(filed 12/22/15) - Plaintiffs' Proposed Findings of Fact and Conclusions of Law
(filed 12/22/15) - Plaintiffs' Evidentiary Brief
(filed 12/22/15) - Opinion and Order regarding Motion in Limine
(filed 5/24/16) - Opinion and Order regarding objections
(filed 5/24/16) - Findings of Fact and Conclusions of Law
(filed 5/24/16) - Clerk's Judgment
(filed 5/24/16) - Notice of Appeal
(filed 5/26/16) - Motion to Stay Pending Appeal by Defendants
(filed 5/31/16) - Response in Opposition re: Motion to Stay Pending Appeal (and Exhibit)
(filed 06/03/16) - Order granting Motion For Extension of Time to Move for Attorneys' Fees and Costs
(filed 06/06/16) - Order Granting in Part and Denying in Part Defendants' Motion for Stay
(filed 06/09/16) - Defendants' Trial Exhibits 1-73
(filed 06/22/16) - Plaintiffs' Trial Exhibits
(filed 7/7/16) - Motion to Stay Pending Appeal by Defendants
(filed 8/1/16)
- Order granting Motion to Stay
(filed 8/2/16)
Sixth Circuit Court of Appeals Documents
- Appellants' Brief
(filed 6/24/16) - Amicus Brief of The Buckeye Institute and The Judicial Education Project
(filed 7/1/16) - Amicus Brief of Various States Supporting Reversal
(filed 7/1/16) - Amicus Brief of Public Interest Legal Foundation
(filed 7/1/16) - Amicus Brief of Tennessee
(filed 7/1/16) - Amicus Brief of Judicial Watch, Inc. and the Allied Educational Foundation
(filed 7/1/16) - Appellees' Brief
(filed 7/11/16) - Amicus Brief by Constitutional Accountability Center
(filed 7/18/16) - Reply Brief
(filed 7/20/16) - Opinion Reversing District Court
(filed 8/23/16) - Motion for Stay
(filed 8/27/16) - Order Denying Stay
(filed 8/30/16)
U.S. Supreme Court Documents
- Emergency Application to Stay Sixth Circuit Judgment
(filed 9/1/16) - Response in Opposition to Stay Application
(filed 9/8/16) - Reply in Support of Stay
(filed 9/12/16) - Order Denying Stay Application
(filed 9/13/16)


Commentary
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...