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 pla…

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.

There has been no docket activity since 2018, but the injunction against parts of SB 205 remains in effect.

Summary Authors

Richard Jolly (10/14/2014)

Virginia Weeks (3/11/2018)

Hope Brinn (5/14/2020)

Related Cases

Service Employees International Union, Local #1 v. Husted, Southern District of Ohio (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4526699/parties/the-northeast-ohio-coalition-for-the-homeless-v-husted/


Judge(s)

Cook, Deborah L. (Ohio)

Gibbons, Julia Smith (Tennessee)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

McKeague, David William (Michigan)

Moore, Karen Nelson (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Chandra, Subodh (Ohio)

Judge(s)

Cook, Deborah L. (Ohio)

Gibbons, Julia Smith (Tennessee)

Kemp, Terence Peter (Ohio)

Marbley, Algenon L. (Ohio)

McKeague, David William (Michigan)

Moore, Karen Nelson (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Chandra, Subodh (Ohio)

Chisholm, Barbara J. (California)

Crawford, Ana P (Ohio)

Fuller, Jennifer Nicole (Ohio)

Gentry, Caroline (Ohio)

Gottman, Andrew J (Ohio)

Gupta, Sandhya (Ohio)

Hallinan, Paul Gerard (Ohio)

Harshman, Cathrine J. (Ohio)

Hollenbaugh, H. Ritchey (Ohio)

Hunter, Michael J. (Ohio)

Klaus, Jared Michael (Ohio)

Leonard, Danielle E. (California)

Leyton, Stacey M. (California)

Miller, Daniel B (Ohio)

Screen, Donald P. (Ohio)

Sestile, Lindsay M (Ohio)

Sletvold, Ashlie Case (Ohio)

Attorneys(s) for Defendant

Butcher-Lyden, Erin (Ohio)

Carwile, Tiffany L. (Ohio)

Chin, Pearl M. (Ohio)

Coglianese, Richard N. (Ohio)

Conover, Brodi J (Ohio)

Coontz, Bridget C (Ohio)

Corl, Christina (Ohio)

Epstein, Aaron D. (Ohio)

Gale, Erick D (Ohio)

Hertel, Kari Bowie (Ohio)

James, Larry Holliday (Ohio)

Jennings, Sharon A. (Ohio)

Petro, Jim (Ohio)

Pierce, Sarah E. (Ohio)

Richardson, Ryan L (Ohio)

Rosenthal, Joseph Norbert (Ohio)

Scheeser, Amanda L (Ohio)

Schuler, Michael J. (Ohio)

Sikora, Damian W (Ohio)

Todd, William M (Ohio)

Voigt, Steven T. (Ohio)

Other Attorney(s)

Armstrong, Maria J. (Ohio)

Atkins, Maureen O'Leary (Ohio)

Aveni, Carl A (Ohio)

Birck, Mary Lynne (Ohio)

Bryan, Beth A. (Ohio)

Calcaterra, Craig A (Ohio)

Clinger, Derek S (Ohio)

Colombo, J. Corey (Ohio)

Corn, Peggy W (Ohio)

Dornette, W. Stuart (Ohio)

Englert, Christopher L. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Hunt, Holly J (Ohio)

Keller, Zachary Paul (Ohio)

Kulewicz, John J. (Ohio)

Lieberman, David Mark (Ohio)

McGinnis, Mark A. (Ohio)

McTigue, Donald Joseph (Ohio)

Nalbandian, John Baylor (Ohio)

Piccininni, Patrick (Ohio)

Schuck, James P. (Ohio)

Sferra, Anne Marie (Ohio)

Sineneng, Philip Bernardo (Ohio)

Slagle, Christopher N. (Ohio)

Soulas, Nick A. Jr. (Ohio)

Warner, Sean Matthew (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

March 28, 2018 Docket
2

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 Complaint
17

Temporary Restraining Order

The Northeast Ohio Coalition for the Homeless v. Ohio

Oct. 26, 2006 Order/Opinion

Opinion

The Northeast Ohio Coalition for the Homeless v. Blackwell

U. S. Court of Appeals for the Sixth Circuit

467 F.3d 999

Oct. 31, 2006 Order/Opinion
51

Consent Order

Northeast Ohio Coalition for the Homeless v. Husted

Nov. 1, 2006 Order/Opinion
57

Agreed Enforcement Order

The Northeast Ohio Coalition for the Homeless v. Blackwell

Nov. 14, 2006 Order/Opinion
162

Order

Northeast Ohio Coalition for the Homeless v. Brunner

Aug. 12, 2008 Order/Opinion
108

Opinion and Order

Northeast Ohio Coalition for the Homeless v. Brunner

2008 WL 4449514

Sept. 30, 2008 Order/Opinion
142

Order

The Northeast Ohio Coalition for the Homeless v. Brunner

Oct. 24, 2008 Order/Opinion
143

Order

The Northeast Ohio Coalition for the Homeless v. Brunner

Oct. 27, 2008 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4526699/the-northeast-ohio-coalition-for-the-homeless-v-husted/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Remark/Civil cover sheet. (rew ) (Entered: 10/24/2006)

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 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 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 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 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

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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 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 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

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2 Exhibit Indiana Democratic Party v Rokita

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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 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 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 PACER
13

ANSWER to Complaint by Defendant J Kenneth Blackwell.(Sikora, Damian) (Entered: 10/25/2006)

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 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

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2 Exhibit B - Summary of Election Laws by State

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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 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 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

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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 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

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2 Exhibit Document 18-1

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3 Exhibit Document 18-2

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4 Exhibit Document 19

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Oct. 26, 2006 PACER
21

MOTION to Expedite Discovery by Defendant J Kenneth Blackwell. (Corl, Christina) (Entered: 10/27/2006)

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 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

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2 Proposed Notice of Defenses

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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 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 PACER
25

NOTICE OF APPEAL by Intervenor State Of Ohio. Filing fee $ 455. (Hunt, Holly) (Entered: 10/27/2006)

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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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 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 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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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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 PACER
32

NOTICE of Appearance by Larry Holliday James Defendant J Kenneth Blackwell (James, Larry) (Entered: 10/31/2006)

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 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 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

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2 Caselaw

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3 HB 3

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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 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 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 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 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 PACER
41

DEPOSITION of L. Michael Vu taken on 10/31/06 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 # 2 # 3)(Gentry, Caroline) (Entered: 10/31/2006)

Oct. 31, 2006 PACER
42

NOTICE by Defendant J Kenneth Blackwell of filing the Affidavit of Mark Landes and portions of the file in State v Hubbard (Attachments: # 1 Affidavit of Mark Landes# 2 State v Hubbard)(Coglianese, Richard) (Entered: 11/01/2006)

1 Affidavit of Mark Landes

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2 State v Hubbard

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Nov. 1, 2006 PACER
43

NOTICE by Defendant J Kenneth Blackwell of Filing Discovery Responses (Attachments: # 1 Exhibit Pltfs disc resp #1# 2 Exhibit pltfs disc resp #2# 3 Exhibit pltfs' disc resp #3)(James, Larry) (Entered: 11/01/2006)

1 Exhibit Pltfs disc resp #1

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2 Exhibit pltfs disc resp #2

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3 Exhibit pltfs' disc resp #3

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Nov. 1, 2006 PACER
44

NOTICE by Defendant J Kenneth Blackwell of Filing Voter Fraud Studies (Attachments: # 1 Exhibit Voter Fraud Studies #1# 2 Exhibit Voter Fraud Studies #2# 3 Exhibit Voter Fraud Studies #3# 4 Exhibit Voter Fraud Studies #4)(James, Larry) (Entered: 11/01/2006)

1 Exhibit Voter Fraud Studies #1

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2 Exhibit Voter Fraud Studies #2

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3 Exhibit Voter Fraud Studies #3

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4 Exhibit Voter Fraud Studies #4

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Nov. 1, 2006 PACER
45

NOTICE by Defendant J Kenneth Blackwell of filing deposition transcripts (Attachments: # 1 Exhibit John Williams depo transcript #1# 2 Exhibit John Williams depo transcript #2# 3 Exhibit Jill Kelly depo transcript)(James, Larry) (Entered: 11/01/2006)

1 Exhibit John Williams depo transcript #1

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2 Exhibit John Williams depo transcript #2

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3 Exhibit Jill Kelly depo transcript

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Nov. 1, 2006 PACER
46

MOTION for Leave for Subodh Chandra to Appear PHV by Plaintiffs The Northeast Ohio Coalition for the Homeless & Service Employees International Union, Local 1199. Filing fee $ 50. (kk1) (Entered: 11/01/2006)

Nov. 1, 2006 PACER
47

NOTICE OF FILING DEPOSITION of John Williams & Jill B. Kelly 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: 11/01/2006)

Nov. 1, 2006 PACER
48

DEPOSITION of John Williams taken on October 31, 2006 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 Part 2# 2 Part 3# 3 Part 4# 4 Part 5# 5 Part 6# 6 Part 7# 7 Part 8# 8 Part 9)(Gentry, Caroline) (Entered: 11/01/2006)

1 Part 2

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2 Part 3

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3 Part 4

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4 Part 5

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5 Part 6

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6 Part 7

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7 Part 8

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8 Part 9

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Nov. 1, 2006 PACER
49

DEPOSITION of Jill B. Kelly taken on October 31, 2006 by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 Part 2# 2 Part 3# 3 Part 4)(Gentry, Caroline) (Entered: 11/01/2006)

1 Part 2

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2 Part 3

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3 Part 4

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Nov. 1, 2006 PACER
50

NOTICE of Appearance by Kari Bowie Hertel & William M Todd for Defendant J Kenneth Blackwell. (kk1) (Entered: 11/01/2006)

Nov. 1, 2006 PACER
51

CONSENT ORDER. The Court shall retain jurisdiction to enforce this Consent Order. This Consent Order shall remain in effect until further order of this Court or until dismissal of this action. Signed by Judge Algenon L. Marbley on 11/1/2006. (cw, ) (Entered: 11/01/2006)

Nov. 1, 2006 RECAP
52

USCA JUDGMENT as to 20 Notice of Appeal filed by J Kenneth Blackwell & 25 Notice of Appeal filed by State Of Ohio - The appellees' motion to dismiss the appeal is denied; the motion by intervenor State of Ohio to intervene before this court is granted; the district court's denial of the State's motion to intervene as of right is reversed; and defendant J. Kenneth Blackwell's motion to stay or vacate the district court's orders is granted in part. (kk1) (Entered: 11/03/2006)

Nov. 3, 2006 PACER
53

USCA INFORMATION COPY re 20 Notice of Appeal & 25 Notice of Appeal denying appellee's mtn to dismiss the appeal, granting the State's mtn to intervene, reversing the district court's denial of the State's mtn to intervene as of right, granting in part the Secretary's mtn to state or vacate the district court's orders & vacating the district court's issuance of the TRO except for its requirement that the Boards of Elections preserve all absentee ballots. (kk1) (Entered: 11/03/2006)

Nov. 3, 2006 PACER
54

Letter from USCA enclosing a corrected page of 53 USCA Information Copy. (kk1) (Entered: 11/03/2006)

Nov. 3, 2006 PACER
55

MOTION Enforce Consent Order 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: 11/14/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Nov. 14, 2006 PACER
56

ORDER granting 46 Motion for Leave to Appear Pro Hac Vice for Subodh Chandra for Plaintiff. Signed by Judge Terence P Kemp on 11/14/06. (kch) (Entered: 11/14/2006)

Nov. 14, 2006 PACER
57

AGREED ENFORCEMENT ORDER Defendant Secretary of State, J Kenneth Blackwell, shall forthwith issue a directive to the County Boards of Elections attaching this Agreed Enforcement Order and directing it to be followed by the 88 Ohio County Boards of Elections. Signed by Judge Algenon L. Marbley on 11/14/2006. (cw, ) (Entered: 11/15/2006)

Nov. 15, 2006 RECAP
58

ORDER TO SHOW CAUSE. Show Cause Hearing set for 11/21/2006 at 9:00 a.m. before Judge Marbley in Courtroom 1. Signed by Judge Algenon L. Marbley on 11/17/2006. (cw, ) (Entered: 11/17/2006)

Nov. 17, 2006 PACER
59

NOTICE of Appearance (Gerhardstein, Alphonse) (Entered: 11/18/2006)

Nov. 18, 2006 PACER
60

MOTION for Extension of Time New date requested 11/21/2006. and motion to reset hearing by Interested Party Subodh Chandra. (Gerhardstein, Alphonse) (Entered: 11/18/2006)

Nov. 18, 2006 PACER
61

NOTICE of Appearance by John Joseph Kulewicz Interested Party Subodh Chandra (Kulewicz, John) (Entered: 11/20/2006)

Nov. 20, 2006 PACER
62

TRANSCRIPT of Proceedings (Telephone Status Conference) held on 11/17/2006 before Judge Marbley. Court Reporter: Laura Samuels (27 pages). (cw, ) (Entered: 11/20/2006)

Nov. 20, 2006 PACER
63

MOTION for Order to Show Cause by Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Corl, Christina) (Entered: 11/20/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 20, 2006 PACER
64

RESPONSE in Opposition re 63 MOTION for Order to Show Cause filed by Interested Party Subodh Chandra. (Kulewicz, John) (Entered: 11/20/2006)

Nov. 20, 2006 PACER
65

MOTION for Leave to File Reply to Attorney Chandra's Memorandum in Response to Motion of Defendant for an Order to Show Cause by Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit A: Reply of Defendant J. Kenneth Blackwell to Attorney Chandra's Response to Motion for an Order to Show Cause)(Corl, Christina) (Entered: 11/20/2006)

1 Exhibit A: Reply of Defendant J. Kenneth Blackwell to Attorney Chandra's R

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Nov. 20, 2006 PACER
66

AFFIDAVIT in Opposition re 63 MOTION for Order to Show Cause Declaration of Alvin E Mathews, Jr. filed by Interested Party Subodh Chandra. (Lin, Albert) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
67

AFFIDAVIT in Opposition re 63 MOTION for Order to Show Cause Declaration of Subodh Chandra filed by Interested Party Subodh Chandra. (Attachments: # 1 # 2)(Lin, Albert) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
68

Minute Entry for proceedings held before Judge Algenon L. Marbley : Show Cause Hearing held on 11/21/2006 at 9:00 AM. (Court Reporter Darla Coulter.) (sln) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
69

ORDER re the 11/21/06 Show Cause Hearing: The Court vacates the Order to Show Cause and Overrules Defendant's Motion for Order to Show Cause. Signed by Judge Algenon L. Marbley on 11/22/06. (sem1, ) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
70

TRANSCRIPT of Proceedings (telephonic conference - total pages 26) held on November 17, 2006 before Judge Algenon L. Marbley. Court Reporter: L. Samuels. (bc1, ) (Entered: 11/29/2006)

Nov. 29, 2006 PACER
71

MANDATE of USCA as to 25 Notice of Appeal (06-4421) filed by State Of Ohio, (sr) (Entered: 12/08/2006)

Dec. 7, 2006 PACER
72

REPORT of Rule 26(f) Planning Meeting. (Coglianese, Richard) (Entered: 12/11/2006)

Dec. 11, 2006 PACER
73

PRELIMINARY PRETRIAL ORDER: Joinder of Parties & Motions to Amend due by 6/15/2007. Primary Expert due by 9/30/2007. Rebuttal Expert due by 11/30/2007. Discovery due by 1/31/2008. Dispositive motions due by 2/28/2008. The State of Ohio's Motion to Intervene (doc 22 ) is granted - answer due 1/22/2007. Signed by Judge Terence P Kemp on 12/14/2006. (kk1) (Entered: 12/14/2006)

Dec. 14, 2006 PACER
74

ORDER OF SUBSTITUTION OF PARTY DEFENDANT. Signed by Judge Algenon L. Marbley on 1/11/2007. (cw, ) (Entered: 01/11/2007)

Jan. 11, 2007 PACER
75

NOTICE by Intervenor State Of Ohio of Withdrawal of Counsel (Jennings, Sharon) (Entered: 01/22/2007)

Jan. 22, 2007 PACER
76

Unopposed MOTION for Extension of Time to File Answer New date requested 2/21/2007. by Intervenor State Of Ohio. (Attachments: # 1 Text of Proposed Order)(Jennings, Sharon) (Entered: 01/22/2007)

1 Text of Proposed Order

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Jan. 22, 2007 PACER
77

ORDER granting 76 Motion for Extension of Time to Answer - State Of Ohio's answer due 2/21/2007. Signed by Judge Terence P Kemp on 1/23/2007. (kk1) (Entered: 01/23/2007)

Jan. 23, 2007 PACER
78

NOTICE by Defendant Jennifer Brunner of Withdrawal of Counsel (Attachments: # 1 Exhibit A - Letter from Attorney General)(James, Larry) (Entered: 01/30/2007)

1 Exhibit A - Letter from Attorney General

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Jan. 30, 2007 PACER
79

NOTICE by Defendant Jennifer Brunner Notice of Withdrawal of Counsel (Todd, William) (Entered: 02/01/2007)

Feb. 1, 2007 PACER
80

MOTION for Extension of Time to File Answer New date requested 3/23/2007. by Intervenor State Of Ohio. (Attachments: # 1 Text of Proposed Order)(Jennings, Sharon) (Entered: 02/21/2007)

1 Text of Proposed Order

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Feb. 21, 2007 PACER
81

ORDER signed by Judge Terence P Kemp on 2/22/2007 granting 80 Motion for Extension of Time to Answer -State Of Ohio answer due 3/23/2007 - (wh1) (Entered: 02/22/2007)

Feb. 22, 2007 PACER
82

MOTION for Extension of Time to File Answer New date requested 4/23/2007. by Intervenor State Of Ohio. (Attachments: # 1 Text of Proposed Order)(Jennings, Sharon) (Entered: 03/21/2007)

1 Text of Proposed Order

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March 21, 2007 PACER
83

ORDER signed by Judge Terence P Kemp on 3/22/2007 granting 82 Motion for Extension of Time to Answer -State Of Ohio answer due 4/23/2007 - (wh1) (Entered: 03/22/2007)

March 22, 2007 PACER
84

Joint MOTION to Stay Proceedings by Defendant Jennifer Brunner, Interested Party Subodh Chandra, Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199, Intervenor State Of Ohio. (Jennings, Sharon) (Entered: 04/20/2007)

April 20, 2007 PACER
85

Joint MOTION to Stay proceedings by Defendant Jennifer Brunner, Interested Party Subodh Chandra, Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199, Intervenor State Of Ohio. (Coglianese, Richard) (Entered: 07/09/2007)

July 9, 2007 PACER
86

Unopposed MOTION for Extension of Time to File Answer New date requested 10/31/2007. by Intervenor State Of Ohio. (Attachments: # 1 Text of Proposed Order) (Jennings, Sharon) (Entered: 08/09/2007)

1 Text of Proposed Order

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Aug. 9, 2007 PACER
87

ORDER SETTING TELEPHONIC STATUS CONFERENCETelephonic Status Conference set for 9/24/2007 02:30 PM before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 9/21/2007. (cw, ) (Entered: 09/21/2007)

Sept. 21, 2007 PACER
88

ORDER SETTING DATE FOR SETTLEMENT CONFERENCE Settlement Conference set for 10/17/2007 09:00 AM in chambers before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 9/24/2007. (cw, ) (Entered: 09/24/2007)

Sept. 24, 2007 PACER
89

AMENDED ORDER withdrawing 55 Motion ; finding as moot 60 Motion for Extension of Time; granting 86 Motion for Extension of Time to Answer ; withdrawing 26 Motion for Preliminary Injunction. Signed by Judge Algenon L. Marbley on 9/25/2007. (cw, ) (Entered: 09/25/2007)

Sept. 25, 2007 PACER
90

MOTION for Order to Excuse Attendance at Conference by Intervenor State Of Ohio. (Jennings, Sharon) (Entered: 10/10/2007)

Oct. 10, 2007 PACER
91

ORDER granting 90 Motion for Order to excuse the in-person attendance. Signed by Judge Algenon L. Marbley on 10/16/2007. (cw, ) (Entered: 10/16/2007)

Oct. 16, 2007 PACER
92

SCHEDULING ORDER Telephonic Status Conference set for 11/29/2007 09:30 AM before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/22/2007. (cw, ) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
93

NOTICE by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199 of Filing Settlement Letter (Attachments: # 1 Exhibit) (Gentry, Caroline) (Entered: 10/31/2007)

1 Exhibit

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Oct. 31, 2007 PACER
94

NOTICE by Defendant Jennifer Brunner of Filing Response to the Plaintiffs October 31 Letter (Attachments: # 1 Exhibit Response) (Coglianese, Richard) (Entered: 11/21/2007)

1 Exhibit Response

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Nov. 21, 2007 PACER
95

NOTICE by Intervenor State Of Ohio Notice of Filing Response (Attachments: # 1 Exhibit Letter) (Jennings, Sharon) (Entered: 11/21/2007)

1 Exhibit Letter

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Nov. 21, 2007 PACER
96

MOTION for Attorney Fees by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 Exhibit Declaration of Caroline Gentry# 2 Exhibit Declaration of Subodh Chandra# 3 Exhibit Declaration of H. Ritchey Hollenbaugh) (Gentry, Caroline) (Entered: 01/04/2008)

1 Exhibit Declaration of Caroline Gentry

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2 Exhibit Declaration of Subodh Chandra

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3 Exhibit Declaration of H. Ritchey Hollenbaugh

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Jan. 4, 2008 PACER
97

Unopposed MOTION for Extension of Time to File Response/Reply as to 96 MOTION for Attorney Fees New date requested 2/27/2008. by Defendant Jennifer Brunner, Intervenor State Of Ohio. (Attachments: # 1 Text of Proposed Order) (Jennings, Sharon) (Entered: 01/25/2008)

1 Text of Proposed Order

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Jan. 25, 2008 PACER
98

ORDER granting # 97 Responses to # 96 due by 2/27/2008. Signed by Terence P Kemp on 1/28/2008. (pes) (Entered: 01/28/2008)

Jan. 28, 2008 PACER
99

MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Opposition to Motion for Attorney Fees by Defendant Jennifer Brunner, Intervenor State Of Ohio. Responses due by 3/24/2008 (Attachments: # 1 Exhibit Directive 2006-078, # 2 Exhibit Affidavit of Keith Yeazel, # 3 Exhibit Comprehensive Chart) (Jennings, Sharon) (Entered: 02/27/2008)

1 Exhibit Directive 2006-078

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2 Exhibit Affidavit of Keith Yeazel

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3 Exhibit Comprehensive Chart

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Feb. 27, 2008 RECAP
100

Unopposed MOTION for Extension of Time to File Response/Reply as to 99 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Opposition to Motion for Attorney Fees New date requested 4/7/2008. by Plaintiffs The Northeast Ohio Coalition for the Homeless, Service Employees International Union, Local 1199. (Attachments: # 1 Text of Proposed Order) (Sestile, Lindsay) (Entered: 03/19/2008)

1 Text of Proposed Order

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March 19, 2008 PACER

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Oct. 24, 2006

Closing Date: March 28, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Coalition representing Northeast Ohio's homeless population and a local branch of the Service Employee's International Union, on behalf of their interest groups

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Confession of Judgment

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,718,140.78

Order Duration: 2006 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Voting

Voting access

Voting:

Election administration

Voter ID

Voter registration rules