11/20/2004

FindLaw News: Election Law Coverage 2004: Lawsuits

FindLaw News: Election Law Coverage 2004: Lawsuits

OHIO:

Ohio Democratic Party v. J. Kenneth Blackwell, et al.
- Issue of whether voters in long lines Knox and Franklin Counties, allegedly resulting from counties' failure to have enough voting machines in place, should have option of casting paper ballots.
* Motion for Temporary Restraining Order (PDF) (Nov. 2, 2004)
* Complaint (PDF) (Nov. 2, 2004)

Marian A. Spencer, et al. v. J. Kenneth Blackwell, et al.
- Status of ability of entities' ability to challenge voter eligiblity in Ohio polling places
* U.S. Supreme Court Denial of Stay (HTML) (Justice Stevens's Denial of Application to Stay Appeals Court's Order) (Nov. 2, 2004)
* Federal Appeals Court Order (PDF) (Permitting challengers to be present at Ohio polls on election day.) (Nov. 2, 2004)
* Order Granting Plaintiffs' Motion for Temporary Restraining Order (PDF) (Nov. 1, 2004)
* Statement of Ohio Atty General on Elections Issue (HTML) (Ohio Atty General Jim Petro declines to submit Sec'y of State's "unlawful proposal" to federal courts to ban all challengers for all parties, candidates or issues on Election Day.) (Oct. 29, 2004)
* Statement of Ohio Sec'y of State Regarding Challengers (HTML) (Sec'y of State instructed Ohio Atty General to ask federal court to exclude all challengers of all parties from polling places throughout the state.) (Oct. 29, 2004)
* First Amended Complaint (PDF) (Complete with Exhibits) (Oct. 29, 2004)
* Defendants Hamilton Co. Bd of Elections Members' Opposition to Motion for TRO (PDF) (Oct. 28, 2004)
* Defendant Blackwell's Motion to Dismiss and Opposition to Motion for TRO (PDF) (Complete with Exhibits) (Oct. 28, 2004)
* Plaintiffs' Motion for Temporary Restraining Order (TRO) (PDF) (Complete with Expert Declaration) (Oct. 27, 2004)
* Complaint (PDF) (Oct. 27, 2004)

Summit County Democratic Central and Executive Committee, et al. v. J. Kenneth Blackwell, et al.
- Status of ability of entities' ability to challenge voter eligiblity in Ohio polling places
* U.S. Supreme Court Denial of Stay (HTML) (Justice Stevens's Denial of Application to Stay Appeals Court's Order) (Nov. 2, 2004)
* Federal Appeals Court Order permitting challengers to be present at Ohio polls on election day. (PDF) (Nov. 2, 2004)
* Order (PDF) (Oct. 31, 2004)
* Statement of Ohio Atty General on Elections Issue (HTML) (Ohio Atty General Jim Petro declines to submit Sec'y of State's "unlawful proposal" to federal courts to ban all challengers for all parties, candidates or issues on Election Day.) (Oct. 29, 2004)
* Statement of Ohio Sec'y of State Regarding Challengers (HTML) (Sec'y of State instructed Ohio Atty General to ask federal court to exclude all challengers of all parties from polling places throughout the state.) (Oct. 29, 2004)
* State of Ohio's Motion to Intervene (PDF) (Oct. 29, 2004)
* Motion to Intervene of "Challengers" and Proposed Opposition to Motion for TRO (PDF) (Complete with Brief and Exhibits) (Oct. 29, 2004)
* Defendant Blackwell's Opposition to Motion for TRO (PDF) (Complete with Brief and Exhibit) (Oct. 29, 2004)
* Plaintiffs' Motion for Temporary Restraining Order (TRO) (PDF) (Complete with Brief, Exhibits and Affidavits) (Oct. 28, 2004)
* Complaint (PDF) (Oct. 28, 2004)
* Memorandum from Pat Wolfe, Ohio Dir. of Elections (PDF) (Setting forth procedures for voter challengers and witnesses) (Oct. 20, 2004)

State ex rel. Wolf v. J. Kenneth Blackwell, et al. /
Shirley Thompson, et al. v. J. Kenneth Blackwell, et al.
- Ohio Supreme Court allows challengers to eligible voters in ratio of one per challenging entity for each precinct
* Order (PDF) (Ohio Supreme Court) (Nov. 1, 2004)
* Order (PDF) (Cuyahoga County, Ohio, Court of Common Pleas) (Oct. 29, 2004)
* Complaint (PDF) (3.7 MB) (Oct. 29, 2004)

Sandusky County Democratic Party v. J. Kenneth Blackwell, Ohio Secretary of State
- Court cannot require acceptance of Ohio provisional ballot cast outside voter's precinct.
* Order, with Directive and Notice (PDF) (Order for Sec'y of State to send notice and directive to all county boards of election) (U.S. District Court) (Oct. 26, 2004)
* Opinion (PDF) (U.S. Court of Appeals) (Oct. 26, 2004)
* Order (PDF) (U.S. Court of Appeals) (Oct. 23, 2004)
* Submission of Directives (PDF) (Oct. 20, 2004)
* Order (PDF) (U.S. District Court) (Oct. 20, 2004)
* Order Granting Preliminary Injunction (PDF) (U.S. District Court) (Oct. 14, 2004)

Amy Miller v. J. Kenneth Blackwell, Ohio Secretary of State
- County Boards of Elections in Ohio cannot issue notices or hold hearings regarding pre-election challenges to voter eligibility.
* Order (PDF) (U.S. Court of Appeals) (Court of Appeals refuses to stay district court's temporary restraining order) (Oct. 29, 2004)
* Order Granting Plaintiffs' Motion for a Temporary Restraining Order, and Motion to Intervene (PDF) (U.S. District Court) (Oct. 27, 2004)
* Complaint (PDF) (U.S. District Court) (Oct. 26, 2004)

Citizens Alliance for Secure Elections, et al. v. Michael Vu, etc., et al.
- Court will not grant injunction agsint Cuyahoga County Board to correct failures to properly register voters under Ohio law, provisional vote mechanism provides protection
* Order (PDF) (U.S. District Court) (Oct. 27, 2004)
* Amendment to Complaint (PDF) (Oct. 26, 2004)
* Plaintiffs' Motion for Temporary Restraining Order (PDF) (Oct. 25, 2004)
* Complaint (PDF) (Oct. 25, 2004)

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