Case: Thompson v. DeWine

2:20-cv-02129 | U.S. District Court for the Southern District of Ohio

Filed Date: April 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: On April 27, 2020, ballot petition circulators and three Ohio voters filed this lawsuit against the Director of Ohio Department of Health and the Ohio Secretary of State, challenging the constitutionality of Ohio’s in-person signature and witness requirements for ballot initiatives in light of COVID-19. The plaintiffs sough…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: On April 27, 2020, ballot petition circulators and three Ohio voters filed this lawsuit against the Director of Ohio Department of Health and the Ohio Secretary of State, challenging the constitutionality of Ohio’s in-person signature and witness requirements for ballot initiatives in light of COVID-19. The plaintiffs sought declaratory relief, a temporary restraining order, and preliminary and permanent injunctive relief. The court granted a preliminary injunction on May 19, which was stayed by the Sixth Circuit on May 26. The U.S. Supreme Court denied the plaintiff’s application to vacate the stay on June 25. The case is ongoing.


On April 27, 2020, ballot petition circulators and three Ohio voters filed this lawsuit against the Director of Ohio Department of Health and the Ohio Secretary of State, challenging the constitutionality of Ohio’s in-person signature and witness requirements for ballot initiatives in light of COVID-19. The plaintiffs brought this lawsuit seeking declaratory and injunctive relief under 42 U.S.C. § 1983, alleging that the existing requirements for remote signature gathering for ballot initiatives violated plaintiffs’ First and Fourteenth Amendment rights. Specifically, the plaintiffs alleged that the COVID pandemic and resulting state of emergency restrictions on public gatherings made it impossible for proponents of ballot measures to comply with Ohio’s ballot-access signature requirements. They said that applying the ballot requirements to the 2020 election without adjustment in light of the pandemic violated their equal protection and due process rights.

The plaintiffs sought declaratory relief and preliminary and permanent injunctions requiring the defendants to immediately place the plaintiff’s marijuana decriminalization initiatives on the November 3 election ballot directly without the need for supporting signatures from voters or, alternatively, suspend prohibitions against remote signature collection, extend filing deadlines for signature submission, develop timely, efficient and realistic procedures and practices for gathering and submitting signatures from voters, and reduce the number of voters' signatures required to ten percent of the number currently prescribed for the November 3, 2020 election. This lawsuit was filed at the U.S. District Court for the Southern District of Ohio, and assigned to Judge Edmund A. Sargus. The plaintiffs were represented by the Center for Competitive Democracy and private attorneys.

Concurrently, on April 27, 2020, the plaintiffs also submitted a motion for a temporary restraining order. The Ohioans for Secure and Fair Elections and Ohioans for Raising the Wage each sought to intervene on April 30 and May 1, respectively. Both motions were granted on May 4.

On May 19, 2020, the district court granted in part the plaintiffs’ motion for a preliminary injunction, enjoining the defendants from enforcing the ink signature and witness requirements and the current deadline as applied to the plaintiffs and the intervening plaintiffs for the November 3 general election, and directing them to update the court by May 26 regarding adjustments to the enjoined requirements “so as to reduce the burden on ballot access.” They further ordered the defendants to accept electronically-signed and witnessed petitions from the intervening plaintiffs collected through the on-line signature collection plans and to meet and confer regarding any technical or security issues regarding those plans by May 26. 2020 WL 2557064. The court noted that in light of the COVID-19 pandemic “the state’s strict enforcement of the signature requirements for local initiatives and constitutional amendments severely burden plaintiffs’ First Amendment rights as applied here.”

The defendants appealed to the Sixth Circuit the next day asked the district court to stay its own order, pending appeal. The district court refused. 2020 WL 2614447. On May 26, the Sixth Circuit granted the stay pending appeal, finding that the defendants were likely to succeed on the merits of their appeal and that they would suffer serious and irreparable harm if the court enjoined them from conducting the election in accordance with lawfully enacted ballot-access regulations. 959 F.3d 804. The court explained: “[w]hether this intermediate burden on plaintiffs’ First Amendment rights passes constitutional muster depends on whether the state has legitimate interests to impose the burden that outweigh it. Here they offer two. Defendants claim the witness and ink requirements help prevent fraud by ensuring that the signatures are authentic. And the deadlines allow them time to verify signatures in an orderly and fair fashion, while also providing initiative proponents time to challenge any adverse decision in court. These interests are not only legitimate, they are compelling.”

The plaintiffs submitted an initial hearing en banc, petition for rehearing en banc, motion for reconsideration, and motion to vacate the stay pending appeal, all of which were denied on June 16, 2020. The same day, the plaintiffs appealed to the U.S. Supreme Court to vacate the stay and the Supreme Court denied the application on June 25. 2020 WL 3456705.

The case is ongoing.

Summary Authors

Averyn Lee (7/5/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17104296/parties/thompson-v-dewine/


Judge(s)

McKeague, David William (Michigan)

Nalbandian, John Baylor (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Sutton, Jeffrey S. (Ohio)

Vascura, Chelsey M. (Ohio)

Attorneys(s) for Plaintiff

Brown, Mark R. (Ohio)

Hall, Oliver B. (District of Columbia)

Attorneys(s) for Defendant

Carney, Stephen P. (Ohio)

Flowers, Benjamin M (Ohio)

Hendershot, Michael J. (Ohio)

Judge(s)

McKeague, David William (Michigan)

Nalbandian, John Baylor (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Sutton, Jeffrey S. (Ohio)

Vascura, Chelsey M. (Ohio)

Attorneys(s) for Plaintiff

Brown, Mark R. (Ohio)

Hall, Oliver B. (District of Columbia)

Attorneys(s) for Defendant

Carney, Stephen P. (Ohio)

Flowers, Benjamin M (Ohio)

Hendershot, Michael J. (Ohio)

Hirji, Shams H (Ohio)

Keller, Zachary Paul (Ohio)

Pfeiffer, Julie M (Ohio)

Walton, Michael Allan (Ohio)

Yost, Dave (Ohio)

Other Attorney(s)

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Clinger, Derek S (Ohio)

Ho, Dale E. (New York)

Levenson, Freda J. (Ohio)

McTigue, Donald Joseph (Ohio)

Thomas, Tiffany Alora (New York)

Documents in the Clearinghouse

Document

2:20-cv-02129

20-03526

Docket [PACER]

May 26, 2020

May 26, 2020

Docket
4, 4-1

2:20-cv-02129

Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
1

2:20-cv-02129

Verified Complaint

April 27, 2020

April 27, 2020

Complaint
40, 40-1

2:20-cv-02129

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order / Preliminary Injunction

May 12, 2020

May 12, 2020

Pleading / Motion / Brief
41, 41-1

2:20-cv-02129

Plaintiffs' Reply to Defendants' Response, R. 40, to Plaintiffs' Motion for Emergency Relief, R. 4

May 13, 2020

May 13, 2020

Pleading / Motion / Brief
44

2:20-cv-02129

Opinion and Order

461 F.Supp.3d 712, 2020 WL 2557064

May 19, 2020

May 19, 2020

Order/Opinion
36-1, 36-2

2:20-cv-02129

20-03526

Order

U. S. Court of Appeals for the Sixth Circuit

959 F.3d 804

May 26, 2020

May 26, 2020

Order/Opinion

2:20-cv-02129

20-03526

19-01054

Emergency Application to Vacate Stay

Supreme Court of the United States

June 16, 2020

June 16, 2020

Pleading / Motion / Brief

2:20-cv-02129

20-03526

19-01054

Opposition to Emergency Application to Vacate the Sixth Circuit's Stay

Supreme Court of the United States

June 22, 2020

June 22, 2020

Pleading / Motion / Brief

2:20-cv-02129

20-03526

19-01054

Applicants' Reply

Supreme Court of the United States

June 22, 2020

June 22, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17104296/thompson-v-dewine/

Last updated Aug. 4, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs ( Filing fee $ 400 paid - receipt number: 0648-7441064), filed by Chad Thompson. [ELECTION ISSUE(S) CITED] (Brown, Mark) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
2

REQUEST for Issuance of Summons. (Attachments: # 1 Summons Form, # 2 Summons Form) (Brown, Mark) (Entered: 04/27/2020)

1 Summons Form

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2 Summons Form

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April 27, 2020

April 27, 2020

PACER
3

NOTICE by Plaintiff Chad Thompson re 1 Complaint Civil Cover Sheet (Brown, Mark) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
4

MOTION for Temporary Restraining Order by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Appendix Memorandum of Law In Support of TRO) (Brown, Mark) (Entered: 04/27/2020)

1 Appendix Memorandum of Law In Support of TRO

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April 27, 2020

April 27, 2020

RECAP
5

NOTICE of Hearing: Rule 65.1 Telephone Conference set for 4/28/2020 at 10:30 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP

Status Conference

April 28, 2020

April 28, 2020

PACER
6

NOTICE of Appearance by Julie M Pfeiffer for Defendants Amy Acton, Richard Mike DeWine, Frank LaRose (Pfeiffer, Julie) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
7

NOTICE of Appearance by Michael Allan Walton for Defendants Amy Acton, Richard Mike DeWine, Frank LaRose (Walton, Michael) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
8

Summons Issued as to Amy Acton, Richard Mike DeWine, and Frank LaRose. (daf) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
9

Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Conference held on 4/28/2020. The next telephone conference is scheduled for 5/8/2020 at 10:00 a.m. (Court Reporter: Darla Coulter) (cmw) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
10

NOTICE of Hearing: Telephone Status Conference set for 5/8/2020 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
11

SUMMONS Returned Executed as to Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. All Defendants. (Attachments: # 1 Appendix Acton Summons, # 2 Appendix LaRose) (Brown, Mark) (Entered: 04/28/2020)

1 Appendix Acton Summons

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2 Appendix LaRose

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April 28, 2020

April 28, 2020

PACER
12

ORDER - Memorializing the Rule 65.1 Telephone Conference held 4/28/2020. Signed by Judge Edmund A. Sargus on 4/28/2020. (cmw) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
13

MOTION to Intervene by Intervenor Parties Ohioans for Secure and Fair Elections, Darlene L English, Laura A Gold, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Scott A Campbell, Susan G Ziegler, Hasan Kwame Jeffries, Paul Moke. (Attachments: # 1 Exhibit A - Declaration of Antonia Dippold-Webb, # 2 Exhibit B - Mar. 27 Letter from Defendant's office to OSFE's campaign manager) (Levenson, Freda) (Entered: 04/30/2020)

1 Exhibit A - Declaration of Antonia Dippold-Webb

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2 Exhibit B - Mar. 27 Letter from Defendant's office to OSFE's campaign

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April 30, 2020

April 30, 2020

RECAP
14

COMPLAINT IN INTERVENTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF against Amy Acton, Richard Mike DeWine, Frank LaRose, filed by Laura A Gold, Darlene L English, Ohioans for Secure and Fair Elections, Isabel C Robertson, Scott A Campbell, Ebony Speakes-Hall, Susan G Ziegler, Andre Washington, Hasan Kwame Jeffries, Paul Moke. (Attachments: # 1 Exhibit A - Declaration of Dr. Reingold, # 2 Exhibit B - Declaration of Antonia Dippold-Webb) (Levenson, Freda) (Entered: 04/30/2020)

1 Exhibit A - Declaration of Dr. Reingold

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2 Exhibit B - Declaration of Antonia Dippold-Webb

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April 30, 2020

April 30, 2020

RECAP
15

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler, Defendant Paul Moke. (Attachments: # 1 Exhibit Correspondence between Secretary of State's office and OSFE Campaign Director, # 2 Exhibit B - Declaration of Antonia Dippold-Webb, # 3 Exhibit C - Declaration of Susan Zeigler, # 4 Exhibit D- Declaration of Scott Campbell, # 5 Exhibit E -Declaration of Paul Moke, # 6 Exhibit F - Declaration of Andre Washington, # 7 Exhibit G -Declaration of Dr. Reingold, # 8 Exhibit H - Virginia Order) (Levenson, Freda) (Entered: 04/30/2020)

1 Exhibit Correspondence between Secretary of State's office and OSFE Campaig

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2 Exhibit B - Declaration of Antonia Dippold-Webb

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3 Exhibit C - Declaration of Susan Zeigler

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4 Exhibit D- Declaration of Scott Campbell

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5 Exhibit E -Declaration of Paul Moke

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6 Exhibit F - Declaration of Andre Washington

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7 Exhibit G -Declaration of Dr. Reingold

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8 Exhibit H - Virginia Order

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April 30, 2020

April 30, 2020

RECAP
16

NOTICE by Plaintiff Chad Thompson re 4 MOTION for Temporary Restraining Order Supplemental Authority (Brown, Mark) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Status Conference

May 1, 2020

May 1, 2020

PACER
17

MOTION to Intervene by Intervenor Plaintiffs Ohioans for Raising the Wage, Anthony Caldwell, James E. Hayes, David G Latanick, Pierrette M. Talley. (Attachments: # 1 Exhibit Proposed Intervenors' Complaint, # 2 Exhibit Proposed Intervenors' Motion for TRO and Preliminary Injunction) (McTigue, Donald) (Entered: 05/01/2020)

1 Exhibit Proposed Intervenors' Complaint

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2 Exhibit Proposed Intervenors' Motion for TRO and Preliminary Injunction

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May 1, 2020

May 1, 2020

RECAP
18

NOTICE of Appearance by Donald Joseph McTigue for Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley (McTigue, Donald) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
19

Corporate Disclosure Statement by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
20

RESPONSE to Motion re 13 MOTION to Intervene, 17 MOTION to Intervene No Opposition filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
21

NOTICE of Hearing: Telephone Status Conference set for 5/1/2020 at 02:00 PM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
22

Minute Entry for proceedings held before Judge Edmund A. Sargus and Magistrate Judge Chelsey M. Vascura: Telephone Status Conference held on 5/1/2020. (Court Reporter: Darla Coulter) (cmw) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
23

NOTICE of Hearing: Telephone Status Conference set for 5/6/2020 at 11:00 AM in Teleconference before Judge Edmund A. Sargus and Magistrate Judge Chelsey M. Vascura. (cmw) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
24

ORDER Memorializing Telephone Status Conference held on 5/1/2020. Signed by Judge Edmund A. Sargus on 5/1/2020. (cmw) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
25

Corporate Disclosure Statement by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Levenson, Freda) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
26

NOTICE of Appearance by Elizabeth Bonham for Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler (Bonham, Elizabeth) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
27

NOTICE of Appearance by David J. Carey for Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler (Carey, David) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
28

ORDER Amending EC No. 24 Order Memorializing Telephone Conference. Signed by Judge Edmund A. Sargus on 5/4/2020. (cmw) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
29

ORDER granting 13 Motion to Intervene and granting 17 Motion to Intervene. Signed by Judge Edmund A. Sargus on 5/4/2020. (cmw) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
30

MOTION to Amend/Correct Declaration by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (Attachments: # 1 Exhibit Corrected Declaration) (McTigue, Donald) (Entered: 05/04/2020)

1 Exhibit Corrected Declaration

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May 4, 2020

May 4, 2020

PACER
31

ORDER granting 30 Motion to Amend/Correct. Signed by Judge Edmund A. Sargus on 5/4/2020. (cmw) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
32

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number 0648-7452327) of Dale Ho and Alora Thomas by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Attachments: # 1 Thomas Certificate of Good Standing, # 2 Ho Certificate of Good Standing) (Levenson, Freda) (Entered: 05/05/2020)

1 Thomas Certificate of Good Standing

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2 Ho Certificate of Good Standing

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May 5, 2020

May 5, 2020

PACER
33

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7452970) of Oliver Hall by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
34

NOTICE by Plaintiff Chad Thompson re 4 MOTION for Temporary Restraining Order Supplemental Authority (Attachments: # 1 Appendix Esshaki v. Whitmer (6th Cir. 2020)) (Brown, Mark) (Entered: 05/06/2020)

1 Appendix Esshaki v. Whitmer (6th Cir. 2020)

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May 6, 2020

May 6, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 6, 2020

May 6, 2020

PACER
35

STIPULATION by All Parties by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Attachments: # 1 Exhibit Windham Initiative, # 2 Exhibit Jacksonville Initiative, # 3 Exhibit Trimble Initiative, # 4 Exhibit Glouster Initiative, # 5 Exhibit Maumee Initiative, # 6 Exhibit Akron Initiative) (Brown, Mark) (Entered: 05/06/2020)

1 Exhibit Windham Initiative

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2 Exhibit Jacksonville Initiative

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3 Exhibit Trimble Initiative

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4 Exhibit Glouster Initiative

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5 Exhibit Maumee Initiative

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6 Exhibit Akron Initiative

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May 6, 2020

May 6, 2020

PACER
36

Order memorializing the Telephone Conference on 5/6/2020 before Judge Edmund A. Sargus, Jr. Signed by Judge Edmund A. Sargus, Jr. 5/6/2020 (Court Reporter Darla Coulter.) (cmw) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

RECAP

NOTATION ORDER: The Motions for Admissions Pro Hac Vice of Oliver B Hall, Dale Edwin Ho, and Tiffany Alora Thomas are GRANTED . By Magistrate Judge Chelsey M. Vascura on 5/6/2020. (daf)

May 6, 2020

May 6, 2020

PACER
37

ORDER - The Telephone Status Conferenece set for May 8, 2020 VACATED. Signed by Judge Edmund A. Sargus on 5/7/2020. (cmw) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
38

MOTION to Exceed Page Limitations for Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order/Preliminary Injunction by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
39

NOTATION ORDER - Southern District of Ohio Local Civil Rule 7.2(a)(3) does not, as Defendants suggest, impose a twenty-page limit on briefing. Accordingly, Defendants may, without leave of Court, file a brief that exceeds twenty pages, and Defendants Motion to Exceed Page Limitations (ECF No. 38 ) is DENIED AS MOOT. By Magistrate Judge Chelsey M. Vascura on 5/12/2020. (agm) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER

Order on Motion for Miscellaneous Relief

May 12, 2020

May 12, 2020

PACER
40

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order, 15 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Attachments: # 1 Exhibit A, Aaffidavit of A.M. Grandjean) (Pfeiffer, Julie) (Entered: 05/12/2020)

1 Exhibit A, Aaffidavit of A.M. Grandjean

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May 12, 2020

May 12, 2020

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41

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Attachments: # 1 Exhibit Frequently Asked Questions) (Brown, Mark) (Entered: 05/13/2020)

1 Exhibit Frequently Asked Questions

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May 13, 2020

May 13, 2020

PACER
42

REPLY to Response to Motion re 17 MOTION to Intervene and MOTION for Temporary Restraining Order and Preliminary Injunction filed by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
43

REPLY to Response to Motion re 15 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Levenson, Freda) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
44

OPINION AND ORDER Granting in Part and Denying in Part [4, 15, 17-2] Motions for Preliminary Injunction. Signed by Judge Edmund A. Sargus on 5/19/2020. (cmw) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

RECAP
45

NOTICE OF APPEAL re 44 Order on Motion for Preliminary Injunction (Filing fee has been paid, receipt number 0648-7473689) by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP
46

MOTION to Stay re 44 Order on Motion for Preliminary Injunction by Defendants Amy Acton, Richard Mike DeWine, Frank LaRose. (Pfeiffer, Julie) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP
47

RESPONSE in Opposition re 46 MOTION to Stay re 44 Order on Motion for Preliminary Injunction filed by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

RECAP
48

RESPONSE in Opposition re 46 MOTION to Stay re 44 Order on Motion for Preliminary Injunction filed by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

RECAP
49

RESPONSE in Opposition re 46 MOTION to Stay re 44 Order on Motion for Preliminary Injunction filed by Intervenor Parties Scott A Campbell, Darlene L English, Laura A Gold, Hasan Kwame Jeffries, Paul Moke, Ohioans for Secure and Fair Elections, Isabel C Robertson, Ebony Speakes-Hall, Andre Washington, Susan G Ziegler. (Levenson, Freda) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

RECAP
50

OPINION AND ORDER Denying 46 Motion to Stay. Signed by Judge Edmund A. Sargus on 5/22/2020.(cmw) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
51

USCA Case Number 20-3526 for 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose. (pb) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
52

ORDER of USCA as to 45 Notice of Appeal: The Sixth Circuit GRANTS Defendants' motion for a stay pending appeal and DISMISS as moot their motion for an administrative stay. Note: No Mandate details noted. (er) (Entered: 06/03/2020)

May 26, 2020

May 26, 2020

RECAP
53

ORDER of USCA as to 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose: The Sixth Circuit DENIES Plaintiffs' emergency motion to partially lift the stay pending appeal and DENY the State's motion to prevent Plaintffs from filing further motions in this case without leave of court. Note: No Mandate details noted. (er) (Entered: 07/14/2020)

July 13, 2020

July 13, 2020

RECAP
54

Unopposed MOTION to Dismiss Intervenors' Complaints (Voluntary) by Intervenor Plaintiffs Anthony Caldwell, James E. Hayes, David G Latanick, Ohioans for Raising the Wage, Pierrette M. Talley. (McTigue, Donald) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
55

ORDER of USCA - The order entered August 24, 2020 granting the motion to withdraw filed by interven-rappellees Ohioans for Secure and Fair Elections, et al and Ohioans for Raising the Wage, et al, was inadvertently entered and is hereby VACATED. These parties are reinstated to the active docket and the motion to withdraw remains pending. as to 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose Note: No Mandate details noted. (pb) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

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56

ORDER of USCA - It is ORDERED that the motion be, and it hereby is GRANTED as to 45 Notice of Appeal filed by Amy Acton, Richard Mike DeWine, Frank LaRose Note: No Mandate details noted. (pb) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

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57

NOTATION ORDER granting 54 Motion to Dismiss Intervenors' Complaints. By Magistrate Judge Chelsey M. Vascura on 8/28/2020. (agm) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER

Order on Motion to Dismiss

Aug. 28, 2020

Aug. 28, 2020

PACER
58

ORDER of USCA as to 45 Notice of Appeal: The Sixth Circuit REVERSES the District Court's grant of a preliminary injunction. Note: Mandate to issue. (er) (Entered: 09/17/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP
59

ORDER of USCA as to 45 Notice of Appeal: This is a copy of the Sixth Circuit's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Note: Mandate to issue. (er) (Entered: 09/27/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
60

MANDATE of USCA as to 45 Notice of Appeal: No costs taxed. (er) (Entered: 10/12/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
61

ORDER - The Answers for Defendants were due May of 2020 and to date have not been filed. Plaintiffs have also not moved for an entry of default.This case shall be dismissed with prejudice in 20 days unless either party objects. Signed by Judge Edmund A. Sargus on 12/18/2020. (cmw) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
62

Objection re 61 Order, by Plaintiff Chad Thompson. (Brown, Mark) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
63

ORDER - On December 18, 2020, this Court issued an Order stating that this case would be dismissed within 20 days unless either party objected. ECF No. 61 Plaintiffs have filed an objection indicating that they are in the process of preparing a Petition for a Writ of Certiorari. The Court VACATES December 18, 2020 Order. ECF No. 61 This case is to remain open. Signed by Judge Edmund A. Sargus on 12/28/2020. (cmw) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
64

NOTICE FROM U.S. SUPREME COURT re 45 Notice of Appeal, Assignment of Case # 20-1072: Petition for writ of certiorari filed on 2/2/2021. Responses due 3/8/2021. (A copy of the SCOTUS docket has been filed in lieu of the notice.) (er) (Entered: 02/10/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
65

MOTION Status Conference by Plaintiffs Don Keeney, William T. Schmitt, Chad Thompson. (Brown, Mark) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

RECAP
66

ORDER granting 65 Plaintiff's Motion for a status conference. This matter is scheduled for a telephone conference on 4/28/2021 at 10:00 a.m. Signed by Judge Edmund A. Sargus on 4/22/2021. (cmw)

April 22, 2021

April 22, 2021

RECAP
67

NOTICE of Hearing: Telephone Status Conference set for 4/28/2021 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
68

Dismiss

April 27, 2021

April 27, 2021

PACER
69

Notice of Hearing

April 28, 2021

April 28, 2021

PACER

Status Conference

April 28, 2021

April 28, 2021

PACER
71

Judgment on the Pleadings

May 5, 2021

May 5, 2021

PACER
72

Notice (Other)

May 7, 2021

May 7, 2021

PACER
73

Response in Opposition to Motion

May 17, 2021

May 17, 2021

PACER
74

Reply to Response to Motion

May 21, 2021

May 21, 2021

PACER
75

Notice (Other)

May 27, 2021

May 27, 2021

PACER
76

Notice (Other)

May 28, 2021

May 28, 2021

PACER
77

Notice (Other)

June 2, 2021

June 2, 2021

PACER
78

OPINION AND ORDER granting 68 Defendants' Motion to Dismiss and denying as moot 71 Plaintiffs' Motion for Judgment on the Pleading. Signed by Judge Edmund A. Sargus on 6/3/2021. (cmw)

June 3, 2021

June 3, 2021

RECAP
79

Judgment - Clerk

June 3, 2021

June 3, 2021

PACER
80

Notice of Appeal

June 4, 2021

June 4, 2021

PACER
81

USCA Case Number

June 14, 2021

June 14, 2021

PACER
82

USCA Order

July 30, 2021

July 30, 2021

PACER
83

USCA Order

Aug. 9, 2021

Aug. 9, 2021

PACER
84

USCA Mandate

Sept. 27, 2021

Sept. 27, 2021

PACER
85

ORDER- This case is DISMISSED AS MOOT. Signed by Judge Edmund A. Sargus on 12/28/2021. (cmw)

Dec. 28, 2021

Dec. 28, 2021

RECAP
86

Judgment - Clerk

Dec. 28, 2021

Dec. 28, 2021

RECAP
87

U.S. Supreme Court: Petition for Writ of Certiorari Denied

March 8, 2022

March 8, 2022

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ballot petition circulators and three Ohio voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Health , State

Ohio Secretary of State, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Voting

Voting access

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Voting:

Election administration

Voter qualifications

Voter registration rules