Case: Northeast Ohio Coalition for the Homeless v. Husted

2:06-cv-00896 | U.S. District Court for the Southern District of Ohio

Filed Date: Oct. 24, 2006

Closed Date: March 28, 2018

Clearinghouse coding complete

Case Summary

On October 24, 2006, the Northeast Ohio Coalition for the Homeless ("NEOCH") and Service Employees International Union ("SEIU") filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Ohio against the State of Ohio. The plaintiffs, represented by private counsel, sought preliminary and permanent injunctive relief and declaratory relief challenging numerous aspects of Ohio's comprehensive voter-identification law set forth in Ohio's House Bill 3. The plaintiffs argued that the law was impermissibly vague and treated voters differently based on when they voted and what type of identification they provided, and thus violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The plaintiffs filed a motion for a temporary restraining order, which was granted by District Judge Algenon Marbley on October 26, 2006. 2006 WL 8424056. The court found that a number of the phrases in the law were unconstitutionally vague and were being unequally applied by the Board of Elections, particularly as to absentee voters. Accordingly, the court temporarily enjoined the voter identification law as it applied to absentee voter ballots until arguments could be heard on the motion for the preliminary injunction. The state appealed, and the U.S. Court of Appeals for the Sixth Circuit stayed the temporary restraining order on October 29, 2006. The plaintiffs and the Secretary of State then conducted negotiations and, on November 1, 2006, entered a consent order approved by Judge Marbley. The consent order clarified Ohio's statutory voter identification requirements including what identification voters must show at the polls on Election Day.

The following year passed quietly, though the case again erupted in activity during the Fall 2008 election season, when the plaintiffs sought uniform procedures for counting provisional ballots. On October 24 and October 27 of 2008, Judge Marbley entered orders requiring uniform processing of provisional ballots and requiring that provisional ballots would not be invalidated due to poll worker error, respectively.

Roughly a year and a half later, on April 19, 2010, Judge Marbley entered a second consent decree signed by the parties. This consent decree provided the following injunctive relief for voters using the last four digits of their social security number for voter identification (SSN-4 voters): the State would not reject provisional ballots that, due to poll-worker error, were cast (1) in the wrong precinct but correct polling place, or (2) with nonconforming or incomplete ballot affirmations. This consent decree was set to expire on June 30, 2013.

The following year, the Ohio Supreme Court issued a decision holding that Ohio's election laws offered no protections for wrong precinct provisional ballots caused by poll worker error. State ex rel. Painter v. Brunner, 941 N.E.2d 782, 794 (Ohio 2011) (per curiam). Following this, the plaintiffs requested a modification of the consent decree on June 20, 2012 and defendants requested to vacate the consent decree on June 27, 2012. Around the same time a related case, Service Employees International Union Local 1 et al. v. Jon Husted, VR-OH-0080 in the Clearinghouse, was filed. The plaintiffs in this new case sought essentially identical relief as the current plaintiffs' motion to modify the decree, and so the court combined the motions. On July 9, 2012, Magistrate Judge Terence Kemp denied defendants' requests to vacate the consent decree. NEOCH, No. 06-CV-896, 2012 U.S. Dist. LEXIS 94086 (S.D. Ohio July 9, 2012). Defendants appealed.

The two cases were consolidated on appeal. On October 11, 2012, the U.S. Court of Appeals for the Sixth Circuit, in a per curium opinion, upheld the district court's decision on the denial. However, the circuit court remanded the case to address the plaintiffs' motion to modify the consent decree in light of the equal protection issues created by the decree's provision for the counting of deficient-affirmation ballots by SSN-4 voters. Ne. Ohio Coal. for Homeless v. Husted, 696 F.3d 580 (6th Cir. 2012).

On October 26, 2012, Judge Marbly granted the plaintiffs' motion to modify the consent decree and order county boards of elections to count all provisional ballots cast in the wrong precinct, irrespective of whether they are cast in the correct polling place or an incorrect polling place. Serv. Employees Int'l Union, Local 1 v. Husted, 906 F. Supp. 2d 745 (S.D. Ohio 2012). The court further stated that to treat deficient affirmation ballots differently for SSN-4 voters would deny equal protection to those provisional voters using alternative forms of identification. On November 13, the District Court entered an order clarifying this ruling.

On June 30, 2013, the plaintiffs moved to extend the consent decree indefinitely. District Court Judge Marbly granted the plaintiffs' motion, but opted to extend the decree for only one election cycle, until December 31, 2016.

On January 14, 2014, the parties entered into a confidential agreement that would lead to a complete settlement if the court were to vacate its clarifying ruling made on November 13, 2012. The District Court vacated the clarifying order on February 7, 2014.

The plaintiffs filed a second supplemental amended complaint on Oct. 30, 2014, based on subsequent events. Two new laws were signed in February 2014. The plaintiffs sought to permanently enjoin portions of S.B. 205 and S.B. 216, arguing that they "will unlawfully disenfranchise thousands of Ohio voters who cast absentee or provisional ballots in upcoming elections—and who primarily are minority voters and/or voters who support the Democratic Party." If enacted, these laws would have effectively superseded portions of the 2010 consent decree. According to the complaint, the challenged provisions had the effect of requiring absentee and provisional voters to demonstrate an ability to read, write, understand, and interpret any subject before their votes could be counted. The complaint further argued that the provisions empowered boards of elections to refuse to count absentee or provisional ballots where there were "technical [or] immaterial errors or omissions." The plaintiffs challenged provisions requiring forms to be completely filled out, barring election officials from helping voters fill out the form, and shortening the time available to cure a defective form. Moreover, the plaintiffs argued that the laws were intended to discriminate against African-American and Latino voters residing in areas with historically high percentages of absentee and provisional ballot voting. Seeking declaratory and injunctive relief, the plaintiffs argued that the provisions in question violated the Voting Rights Act, as well as the First and Fourteenth Amendments.

Litigation and discovery continued into 2016, at which point the parties prepared for trial. The trial took place over two weeks in March 2016.

Judge Marbley issued a final judgment on June 7, 2016, enjoining enforcement of some of the challenged provisions. The court found that the provisions in the two laws requiring complete and accurate information as a condition of counting the ballot, prohibiting poll workers from helping voters, and shortening the cure period were unconstitutional and violated the Voting Rights Act. The court found that "[d]ue to the [Ohio] General Assembly’s retrenchment and the social and historical conditions affecting African-American Ohioans, SBs 205 and 216 have a discriminatory impact on African-Americans" in violation of Section 2 of the Voting Rights Act. The court also found that the three provisions posed an undue burden on voters, in violation of the Equal Protection Clause. The court, however, did not find that the defendants had violated due process or that the laws had discriminatory purpose in violation of the Fourteenth and Fifteenth Amendments. 2016 WL 3166251.

The defendants appealed the judgment, and the court stayed enforcement of its final judgment pending the appeal. The plaintiffs filed a cross appeal on June 22.

The Sixth Circuit (Judges Damon Keith, Danny Boggs, and John Rogers), issued its opinion on Sept. 13, 2016. That court affirmed the plaintiffs' undue burden claim regarding the provision requiring completeness and accuracy for the vote to be counted, but reversed the finding that the provisions prohibiting assistance and shortening the cure period posed an undue burden. The court found that the burden would be minimal because "[i]n most cases, poll-worker assistance will not fix the errors that result in the rejection of absentee and provisional ballots," and there was no evidence that shortening the cure period by three days would create anything beyond a trivial burden. The Sixth Circuit also reversed the finding of disparate impact, ultimately concluding there was no violation of the Voting Rights Act. The court did not find the statistics supporting a disparate impact finding to be persuasive, nor did it find that the ballot form constituted a literacy test by asking basic identification questions. The court affirmed all other lower court findings. 837 F.3d 612. As a result, the Sixth Circuit left in place only certain portions of the permanent injunction barring enforcement of parts of SB 205. The remainder of the injunction was overturned.

The Sixth Circuit denied a rehearing en banc on Oct. 13, and the Supreme Court denied cert on June 19, 2017.

Meanwhile, on Oct. 12, 2016, the court awarded $2,618,140.78 in attorney's fees for litigation conducted in 2012 and 2013. Following mediation, the court entered a stipulated judgment regarding all attorney's fees and costs stemming from the litigation. On March 28, 2018, the state defendants agreed to pay a total of $1,100,000, split between the three law firms representing the plaintiffs.

On April 28, 2017, the court denied the plaintiff's motion to extend the April 19, 2010 consent decree. The consent decree therefore expired on April 28, 2017.

	Document
2:06-cv-00896 12-03916 09-04111 11-03035 11-03036 11-03037 12-04354	Docket [PACER]	March 28, 2018	March 28, 2018 Docket
2 2:06-cv-00896	Complaint for a Temporary Restraining Order, Preliminary and Permanent-Injunctive Relief and Declaratory Relief The Northeast Ohio Coalition for the Homeless v. Blackwell	Oct. 24, 2006	Oct. 24, 2006 Complaint
17 2:06-cv-00896	Temporary Restraining Order The Northeast Ohio Coalition for the Homeless v. Ohio	Oct. 26, 2006	Oct. 26, 2006 Order/Opinion
2:06-cv-00896	Opinion The Northeast Ohio Coalition for the Homeless v. Blackwell U.S. Court of Appeals for the Sixth Circuit	Oct. 31, 2006	Oct. 31, 2006 Order/Opinion 467 F.3d 999
51 2:06-cv-00896	Consent Order Northeast Ohio Coalition for the Homeless v. Husted	Nov. 1, 2006	Nov. 1, 2006 Order/Opinion
57 2:06-cv-00896	Agreed Enforcement Order The Northeast Ohio Coalition for the Homeless v. Blackwell	Nov. 14, 2006	Nov. 14, 2006 Order/Opinion
162 2:06-cv-00896	Order Northeast Ohio Coalition for the Homeless v. Brunner	Aug. 12, 2008	Aug. 12, 2008 Order/Opinion
108 2:06-cv-00896	Opinion and Order Northeast Ohio Coalition for the Homeless v. Brunner	Sept. 30, 2008	Sept. 30, 2008 Order/Opinion 2008 WL 4449514
142 2:06-cv-00896	Order The Northeast Ohio Coalition for the Homeless v. Brunner	Oct. 24, 2008	Oct. 24, 2008 Order/Opinion
143 2:06-cv-00896	Order The Northeast Ohio Coalition for the Homeless v. Brunner	Oct. 27, 2008	Oct. 27, 2008 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	Remark/Civil cover sheet. (rew ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 PACER
2	COMPLAINT filed by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 against J Kenneth Blackwell. (rew ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 RECAP
3	MOTION for Temporary Restraining Order by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (rew ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 RECAP
4	CERTIFICATE OF SERVICE by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 re 2 Complaint (rew ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 PACER
5	Declaration of Richard Barga by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (rew ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 PACER
6	MOTION by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 to expedite discovery (Attachments: # 1 Text of Proposed Order (rew ) (Entered: 10/24/2006) 1 Text of Proposed Order View on PACER	Oct. 24, 2006	Oct. 24, 2006 PACER
7	NOTICE of Hearing on 3 MOTION for Temporary Restraining Order: Motion Hearing set for 10/25/2006 01:30 PM in Courtroom 4 before Gregory L Frost. (sem1, ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 PACER
8	NOTICE of Hearing: Preliminary Injunction Hearing set for 10/31/2006 01:30 PM (Courtroom to be determined) before Gregory L Frost. (sem1, ) (Entered: 10/24/2006)	Oct. 24, 2006	Oct. 24, 2006 PACER
9	RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order filed by Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit Purcell v Gonzalez# 2 Exhibit Indiana Democratic Party v Rokita)(Coglianese, Richard) (Entered: 10/25/2006) 1 Exhibit Purcell v Gonzalez View on PACER 2 Exhibit Indiana Democratic Party v Rokita View on PACER	Oct. 25, 2006	Oct. 25, 2006 PACER
10	NOTICE by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 re 3 MOTION for Temporary Restraining Order Filing of Supplemental Declaration of Feldenkris (Hollenbaugh, H. Ritchey) (Entered: 10/25/2006)	Oct. 25, 2006	Oct. 25, 2006 PACER
11	NOTICE by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 re 3 MOTION for Temporary Restraining Order of filing of Supplemental declaration of Nielson (Hollenbaugh, H. Ritchey) (Entered: 10/25/2006)	Oct. 25, 2006	Oct. 25, 2006 PACER
12	NOTICE by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 re 3 MOTION for Temporary Restraining Order of Supplemental Declaration of Fisher (Hollenbaugh, H. Ritchey) (Entered: 10/25/2006)	Oct. 25, 2006	Oct. 25, 2006 PACER
13	ANSWER to Complaint by Defendant J Kenneth Blackwell.(Sikora, Damian) (Entered: 10/25/2006)	Oct. 25, 2006	Oct. 25, 2006 PACER
14	NOTICE of Hearing: Pretrial Conference set for 12/13/2006 @ 02:30 PM in chambers before Norah McCann King. (Attachments: # 1 # 2 # 3)(jdm, ) (Entered: 10/26/2006)	Oct. 26, 2006	Oct. 26, 2006 PACER
15	NOTICE by Defendant J Kenneth Blackwell of Filing (Attachments: # 1 Exhibit A - Directive 2006-78# 2 Exhibit B - Summary of Election Laws by State)(Sikora, Damian) (Entered: 10/26/2006) 1 Exhibit A - Directive 2006-78 View on PACER 2 Exhibit B - Summary of Election Laws by State View on PACER	Oct. 26, 2006	Oct. 26, 2006 PACER
16	ORDER transferring this action from Judge Gregory L. Frost to Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley and Judge Gregory L. Frost on 10/26/06. (sem1, ) (Entered: 10/26/2006)	Oct. 26, 2006	Oct. 26, 2006 PACER
17	ORDER granting 3 Motion for TRO and setting the a Preliminary Injunction Hearing for 11/1/2006 at 9:00 a.m. in Courtroom 1, before Judge Marbley. Signed by Judge Algenon L. Marbley on 10/26/2006. (cw, ) (Entered: 10/26/2006)	Oct. 26, 2006	Oct. 26, 2006 RECAP
18	ORDER requiring Defendant Blackwell to issue Directive. Signed by Judge Algenon L. Marbley on 10/26/2006. (Attachments: # 1 Order to County Boards of Elections)(cw, ) (Entered: 10/26/2006) 1 Order to County Boards of Elections View on PACER	Oct. 26, 2006	Oct. 26, 2006 PACER
19	ORDER to all County Boards of Elections. Signed by Judge Algenon L. Marbley on 10/26/2006. (cw, ) (Entered: 10/26/2006)	Oct. 26, 2006	Oct. 26, 2006 PACER
20	NOTICE OF APPEAL by Defendant J Kenneth Blackwell. Filing fee $ 455. (Attachments: # 1 Exhibit Document 17 - Temporary Restraining Order# 2 Exhibit Document 18-1# 3 Exhibit Document 18-2# 4 Exhibit Document 19)(Sikora, Damian) (Entered: 10/26/2006) 1 Exhibit Document 17 - Temporary Restraining Order View on PACER 2 Exhibit Document 18-1 View on PACER 3 Exhibit Document 18-2 View on PACER 4 Exhibit Document 19 View on PACER	Oct. 26, 2006	Oct. 26, 2006 PACER
21	MOTION to Expedite Discovery by Defendant J Kenneth Blackwell. (Corl, Christina) (Entered: 10/27/2006)	Oct. 27, 2006	Oct. 27, 2006 PACER
30	TRANSCRIPT of TRO Proceedings held on 10/26/06 before Judge Algenon L. Marbley. Court Reporter: Darla J. Coulter. (Entire copy of the transcript has been filed with the Clerk's Office). (er ) (Entered: 10/31/2006)	Oct. 27, 2006	Oct. 27, 2006 PACER
22	MOTION to Intervene of State of Ohio. (Attachments: # 1 Exhibits to Motion to Intervene# 2 Proposed Notice of Defenses)(Hunt, Holly) (Entered: 10/27/2006) 1 Exhibits to Motion to Intervene View on PACER 2 Proposed Notice of Defenses View on PACER	Oct. 27, 2006	Oct. 27, 2006 PACER
23	MOTION to Quash Subpoena and Objection to Production of Documents of the Lucas County Board of Elections. Filed by: John A. Borell, Assistant Prosecuting Attorney Counsel for the Lucas County Board of Elections. (cw, ) (Entered: 10/27/2006)	Oct. 27, 2006	Oct. 27, 2006 PACER
24	ORDER denying 23 Motion to Quash. Signed by Judge Algenon L. Marbley on 10/27/2006. (cw, ) (Entered: 10/27/2006)	Oct. 27, 2006	Oct. 27, 2006 PACER
25	NOTICE OF APPEAL by Intervenor State Of Ohio. Filing fee $ 455. (Hunt, Holly) (Entered: 10/27/2006)	Oct. 27, 2006	Oct. 27, 2006 PACER
26	MOTION for Preliminary Injunction by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Gentry, Caroline) (Entered: 10/27/2006) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Oct. 27, 2006	Oct. 27, 2006 PACER
27	TRANSCRIPT of Proceedings held on 10/27/2006 before Judge Algenon L. Marbley. Court Reporter: Joan E. Koenig. (kk1) (Entered: 10/30/2006)	Oct. 30, 2006	Oct. 30, 2006 PACER
28	TRANSCRIPT REQUEST for Motion to Intervene Hearing by Intervenor State Of Ohio for proceedings held on 10/27/06 before Judge Marbley.. (Hunt, Holly) (Entered: 10/30/2006)	Oct. 30, 2006	Oct. 30, 2006 PACER
29	RESPONSE in Opposition re 26 MOTION for Preliminary Injunction filed by Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Marti, Todd) (Entered: 10/31/2006) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	Oct. 31, 2006	Oct. 31, 2006 PACER
31	NOTICE OF FILING DEPOSITION of Kelly S. Pallante, Betty McGary, Matthew Damschroder, Susan Johnson by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199.(Gentry, Caroline) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
32	NOTICE of Appearance by Larry Holliday James Defendant J Kenneth Blackwell (James, Larry) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
33	TRANSCRIPT REQUEST by Defendant J Kenneth Blackwell for proceedings of Motion for TRO held on 10/26/2006 before Judge Algenon Marbley. (kk1) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
34	NOTICE of Appearance by Dennis J Concilla Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 (Concilla, Dennis) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
35	RESPONSE in Opposition re 26 MOTION for Preliminary Injunction filed by Intervenor State Of Ohio. (Attachments: # 1 Exhibit Testimony# 2 Caselaw# 3 HB 3)(Hunt, Holly) (Entered: 10/31/2006) 1 Exhibit Testimony View on PACER 2 Caselaw View on PACER 3 HB 3 View on PACER	Oct. 31, 2006	Oct. 31, 2006 PACER
36	DEPOSITION of Susan R. Johnson taken on 10/30/06 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 # 2)(Gentry, Caroline) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
37	DEPOSITION of Kelly S. Pallante taken on 10/30/06 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 # 2)(Gentry, Caroline) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
38	DEPOSITION of Betty L. McGary taken on 10/30/06 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 # 2 # 3 # 4 # 5)(Gentry, Caroline) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
39	DEPOSITION of Matthew M. Damschroder taken on 10/30/06 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25)(Gentry, Caroline) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
40	NOTICE OF FILING DEPOSITION of L. Michael Vu by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199.(Gentry, Caroline) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER

Case: Northeast Ohio Coalition for the Homeless v. Husted

2:06-cv-00896 | U.S. District Court for the Southern District of Ohio

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