UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Similar documents
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Case 2:16-cv RFB-NJK Document 14 Filed 11/01/16 Page 1 of 6

Case 4:11-cv RH-CAS Document 80 Filed 08/10/12 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 3:12-cv Document 99 Filed in TXSD on 04/07/14 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) )

Case 1:06-cv CAB Document 15 Filed 09/29/2006 Page 1 of 7

Case 1:06-cv KMO Document 3-1 Filed 07/13/2006 Page 1 of 50 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 2:06-cv ALM-TPK Document 21 Filed 12/11/2006 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

Case: 2:15-cv GCS-EPD Doc #: 34 Filed: 07/07/16 Page: 1 of 6 PAGEID #: 1066

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PLAINTIFFS MOTION FOR CLARIFICATION OF SCHEDULING ORDER AND INCORPORATED MEMORANDUM OF LAW

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case: 2:13-cv MHW-TPK Doc #: 130 Filed: 07/08/14 Page: 1 of 9 PAGEID #: 2883

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

Case 2:06-cv ALM-TPK Document 9-1 Filed 09/21/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

NOV?6 'M. CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO. Case No.: V S. JENNIFER -L:" BRUNER, SECRETARY OF STATE, ET AL.

Case 5:13-cv EFM-TJJ Document 190 Filed 04/21/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 3:04-cv JGC Document 12-2 Filed 12/29/2004 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

Case 1:16-cv RJL Document 146 Filed 08/07/17 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CURLING PLAINTIFFS S MOTION FOR PRELIMINARY INJUNCTION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Case 2:16-cv RFB-NJK Document 66 Filed 11/07/16 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Stark County Court of Common Pleas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION. v. CASE NO. 4:07CV-402-SPM/WCS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Case 2:16-cv PD Document 26 Filed 11/04/16 Page 1 of 6

Case: 2:06-cv ALM-TPK Doc #: 346 Filed: 11/01/12 Page: 1 of 11 PAGEID #: 12588

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) )

Case 2:08-cv RBS Document 15 Filed 10/06/2008 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case: 2:15-cv MHW-NMK Doc #: 19 Filed: 07/01/15 Page: 1 of 5 PAGEID #: 138

Case 5:02-cv DDD Document 38 Filed 11/27/2002 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 9:15-cv KAM Document 37 Entered on FLSD Docket 06/03/2015 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

DEFENDANTS/COUNTER-PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Case 4:16-cv ALM Document 8 Filed 10/17/16 Page 1 of 5 PageID #: 770

Case 1:11-cv JDB Document 3 Filed 02/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 4:16-cv MW-CAS Document 18 Filed 10/11/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Case 1:08-cv CMA Document 79 Entered on FLSD Docket 07/21/2008 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION. Civil Action Number C2: JUDGE SMITH

Case 5:13-cv EFM-TJJ Document 158 Filed 03/27/14 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Ohio Republican Party, et al., Plaintiffs-Appellees,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Case 2:06-cv ALM-TPK Document 12 Filed 10/25/2006 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 1:08-cv CMA Document 20 Entered on FLSD Docket 05/08/2008 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

PRELIMINARY INJUNCTION and TRO REQUESTED /

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:17-cv VSB

Case 5:16-cv EJD Document 22 Filed 12/13/16 Page 1 of 8

Case 1:08-cv SSB-TSB Document 1 Filed 06/06/2008 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 1:18-cv Document 1 Filed 08/07/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ) ) ) Plaintiff, ) ) ) ) ) ) v. ) Case No. 18-cv AT ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR RECONSIDERATION

Case: 2:06-cv ALM-TPK Doc #: 581 Filed: 03/08/16 Page: 1 of 9 PAGEID #: 17576

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:10-cv LTS

Case 1:08-cv Document 1 Filed 10/07/2008 Page 1 of 8

Case 2:17-cv WB Document 97 Filed 12/26/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 4:17-cv JLK Document 29 Entered on FLSD Docket 02/13/2018 Page 1 of 5

IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO : : : : : : : : : : : : : : : : : : : : : : : : : : : :

Case: 2:10 cv EAS TPK Doc #: 28 Filed: 10/10/11 Page: 1 of 5 PAGEID #: 162

Case 5:11-cv OLG-JES-XR Document 1323 Filed 10/23/15 Page 1 of 9

Case 5:11-cv OLG-JES-XR Document 1319 Filed 10/14/15 Page 1 of 10


Case 2:06-cv ALM-TPK Document 55 Filed 11/14/2006 Page 1 of 11

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Part Description 1 12 pages 2 Exhibit 1: Printouts from CBOE websites

Case: 1:10-cv SJD Doc #: 9 Filed: 09/15/10 Page: 1 of 12 PAGEID #: 117

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

Case 2:08-cv GLF-NMK Document 62 Filed 12/09/09 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 1:08-cv DCN Doc #: 7 Filed: 10/29/08 1 of 18. PageID #: 117

Case 1:17-cv ABJ Document 12 Filed 03/01/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:13-cv RBW Document 1 Filed 10/22/13 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: 2:12-cv PCE-NMK Doc #: 89 Filed: 06/11/14 Page: 1 of 8 PAGEID #: 1858

Case: 1:12-cv SJD Doc #: 29 Filed: 10/31/12 Page: 1 of 3 PAGEID #: 518

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO: 5:07-CV-231

Case 1:06-cv PAG Document 6 Filed 10/16/2006 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Counterclaim-Plaintiffs, Counterclaim-Defendants. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

Case 3:17-cv SLG Document 10 Filed 06/09/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:17-cv RDM Document 16 Filed 06/13/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:16-cv DDC-KGS Document 14 Filed 06/30/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM 277 EAST TOWN STREET, COLUMBUS, OH PERS (7377)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Civil Action No. 1:16-cv-1274-LCB-JLW

Case 1:12-cv GBL-JFA Document 67 Filed 01/02/13 Page 1 of 6 PageID# 748

Transcription:

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION PROJECT VOTE, ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW, COMMON CAUSE OHIO, PEOPLE FOR THE AMERICAN WAY FOUNDATION, COMMUNITY OF FAITH ASSEMBLIES CHURCH, AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES, MARY KEITH, JOHN R. T. MAY, and LINDA SCAMMICCA, CIVIL ACTION NO. 1:06-cv-01628 Judge Kathleen M. O Malley Magistrate Judge Perelman Plaintiffs, v. J. KENNETH BLACKWELL, individually and in his official capacity as Secretary of State, WILLIAM D. MASON, as Prosecuting Attorney for Cuyahoga County, Ohio, and SHERRI BEVAN WALSH, as Prosecuting Attorney for Summit County, Ohio, Defendants. MOTION OF PLAINTIFFS FOR PARTIAL SUMMARY JUDGMENT Plaintiffs, through undersigned counsel, move this Court for partial summary judgment pursuant to Fed. R. Civ. Proc. 56 on Counts I, II, III, VI, VII, and VIII of the Complaint. A Memorandum in Support is submitted herewith.

Respectfully submitted, /s/ DONALD J. McTIGUE Donald J. McTigue (OH 0022849) Trial Counsel Mark A. McGinnis (OH 0076275) MCTIGUE LAW GROUP 550 East Walnut Street Columbus, OH 43215 Tel: (614) 263-7000 Fax: (614) 263-7078 mctiguelaw@rrohio.com Counsel for Plaintiffs -2-

MEMORANDUM IN SUPPORT Plaintiffs, including organizations engaged in voter registration activities, individuals employed by or volunteering with those organizations to assist Ohio citizens to register to vote, and individuals registering to vote with the assistance of those organizations, filed their Complaint on July 6, 2006, and Application for Preliminary Injunction on July 13, 2006, alleging that portions of Ohio Rev. Code 3503.14, 3503.19, 3503.28, 3503.29, and 3599.11, enacted by Amended Substitute House Bill No. 3 of the 126th General Assembly of the Ohio legislature ( H.B. 3 ), as well as the Secretary of State s regulations and administrative practices enforcing those provisions, violated their rights under the First and Fourteenth Amendments to the United States Constitution and federal statutory law by restricting their ability to conduct voter registration drives in the state. All parties filed substantial evidentiary materials and a hearing was held on September 1, 2006, to consider Plaintiffs Application. The Court granted Plaintiffs Application from the bench and, on September 8, 2006, entered a written Memorandum and Order Granting Plaintiffs Application for a Preliminary Injunction, enjoining enforcement of all of the challenged portions of the new law, regulations, and administrative practices and finding that Plaintiffs were likely to succeed on the merits of their claims that those provisions violated the Constitution or the National Voter Registration Act of 1993. Plaintiffs now seek summary judgment on their claims relative to (i) the Pre- Registration, Affirmation, and Training requirements of O.R.C. 3503.28 and 3503.29, (ii) the Direct Return requirement of O.R.C. 3503.19 and 3599.11, and (iii) the Compelled Disclosure requirement of O.R.C. 3503.14, including the threat of criminal prosecutions for failing to undertake any of the acts required by these provisions, as articulated in Counts I, II, III, VI, VII, and VIII of the Complaint. Specifically, Plaintiffs respectfully request that the Court (1) declare that the challenged provisions of Ohio law, regulations, and administrative practice violate the U.S. Constitution and federal statutory law and (2) permanently enjoin

the Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, from enforcing those provisions of the Ohio Revised Code that require individuals assisting applicants to register to vote (i) to comply with the pre-registration, training and affirmation requirements of Ohio Rev. Code 3503.28 and 3503.29; (ii) to return completed forms directly to any board of elections or the office of the Secretary of State, rather than entrusting those forms to a third party for delivery to the appropriate government offices, pursuant to Ohio Rev. Code 3503.19(B)(2)(c) and 3599.11(B)(2)(b) & (C)(2); and (iii) to provide their name, signature, address, and employer on the voter registration form of each individual they assist, pursuant to Ohio Rev. Code 3503.14(A) (from The registration form shall... through the applicant ) and 3503.14 subsections (B), (D) & (E). Plaintiffs further request that all administrative regulations and practices enforcing or interpreting these provisions or otherwise imposing the requirements described above also be enjoined. In support of their Motion, Plaintiffs hereby incorporate and adopt their Memorandum in Support of Application for Preliminary Injunction and their evidence filed in support thereof. Respectfully submitted, /s/ Donald J. McTigue Donald J. McTigue (OH 0022849) Trial Counsel Mark A. McGinnis (OH 0076275) MCTIGUE LAW GROUP 886 North High Street Columbus, OH 43214 Tel: (614) 263-7000 Fax: (614) 263-7078 mctiguelaw@rrohio.com Counsel for Plaintiffs -2-

Karl J. Sandstrom* Ezra W. Reese* PERKINS COIE LLP 607 14th Street NW Suite 800 Washington, DC 20005 Tel: (202) 628-6600 Fax: (202) 434-1690 KSandstrom@perkinscoie.com Counsel for Association of Community Organizations for Reform Now, Project Vote, Common Cause and American Association of People with Disabilities David Becker Devin Willis* PEOPLE FOR THE AMERICAN WAY FOUNDATION 2000 M Street N.W. #400 Washington, D.C. 20036 Tel: (202) 467-4999 dbecker@pfaw.org Counsel for People For the American Way Foundation & Community of Faith Assemblies Church Brian Mellor (MA 43072)* 1486 Dorchester Avenue Dorchester, Ma, 02122 TEL: (617) 282-3666 FAX: (617) 436-4878 ELECTIONSCOUNSEL1@PROJECTVOTE.ORG Counsel for Project Vote Wendy R. Weiser* Renée Paradis BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW 161 Avenue of the Americas, 12 th Fl. New York, NY 10013-3-

Tel: (212) 998-6130 Fax: (212) 995-4550 Wendy.weiser@nyu.edu Of Counsel * Admitted Pro Hac Vice CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was electronically filed this 13 th day of July, 2007. Notice of this filing will be sent to all parties by operation of the Court s electronic filing system. Parties may access this through the Court s system. /s/ Donald J. McTigue Donald J. McTigue, Attorney at Law -4-