Case: A. Philip Randolph Institute of Ohio v. Larose

1:20-cv-01908 | U.S. District Court for the Northern District of Ohio

Filed Date: Aug. 12, 2020

Closed Date: Oct. 28, 2020

Clearinghouse coding complete

Case Summary

This is a case about voting procedures in Ohio’s 2020 general election. On August 12, 2020, the Ohio Secretary of State issued directive 2020-16, which interpreted Ohio law to require each county board of elections to provide only one absentee ballot drop-off location. The plaintiffs here are three nonpartisan civil rights organizations — the A. Philip Randolph Institute of Ohio, the League of Women Voters of Ohio, and the Ohio State Conference of the NAACP — and seven individual Ohio voters. O…

This is a case about voting procedures in Ohio’s 2020 general election. On August 12, 2020, the Ohio Secretary of State issued directive 2020-16, which interpreted Ohio law to require each county board of elections to provide only one absentee ballot drop-off location. The plaintiffs here are three nonpartisan civil rights organizations — the A. Philip Randolph Institute of Ohio, the League of Women Voters of Ohio, and the Ohio State Conference of the NAACP — and seven individual Ohio voters. On August 26, 2020 they sued the Ohio Secretary of State in the U.S. District Court for the Northern District of Ohio, alleging that directive 2020-16 violated their fundamental right to vote under the First and Fourteenth Amendments and the equal protection clause of the Fourteenth Amendment. Represented by the Lawyers Committee for Civil Rights Under Law and private pro bono counsel, the plaintiffs sought declaratory relief, an injunction against the directive, an order for the Secretary of State to immediately permit boards of elections to install multiple secure ballot drop boxes and return absentee ballots to any polling place in their county of residence, and attorneys’ fees and costs. On September 4, 2020, the plaintiffs moved for a preliminary injunction, requesting the same relief. 

Then-President Donald Trump’s campaign moved to intervene in the action on September 10, 2020 under FRCP 24(b), which allows the court to permit “anyone to intervene who . . . has a claim or defense that shares with the main action a common question of law or fact.” The district court, per Judge Dan Polster, granted the motion on September 15, because it was “undisputed” that the campaign had a defense with a common question of law or fact with the main action. 2020 WL 5524842. 

Meanwhile, the Ohio Democratic Party and others had challenged the directive in state court, arguing that since Ohio state law said nothing about the off-site delivery of ballots, the Secretary of State’s interpretation of Ohio law to limit ballot drop-boxes was arbitrary and capricious. The state trial court agreed that it was in Ohio Democratic Party, et al. v. Frank LaRose, Secretary of State, et al., Case No. 20 CV 5634, (Franklin Cty. Common Pleas Ct. Sept. 15, 2020). The Secretary of State appealed the decision to the intermediate state appellate court. 

Back in federal court, Judge Polster presided over preliminary injunction hearings on September 23 and 24, 2020. On September 25, the district court issued its opinion, “holding in abeyance any ruling on Plaintiffs’ motion for a preliminary injunction to see if the conclusion of the state litigation [i.e., resolution of the Secretary’s appeal in the plaintiff’s favor] moots this case.” Further, the court found that limiting counties to a single ballot drop-box location would create a “crisis” for voters in larger counties, who would be stuck in traffic jams while trying to deliver their absentee ballots in-person to a single location all at once. The court ordered “the Secretary of State to work closely with the Cuyahoga County board of elections to develop and implement a plan to alleviate the looming crisis” while the state court litigation resolved, and to file a timely report on those efforts. 2020 WL 6600102. 

Over in state court, on October 2, 2020 the Ohio Court of Appeals affirmed the trial court’s finding that the directive was an unreasonable interpretation of state law, but reversed the trial court’s injunction, meaning directive 2020-16 remained in place.

Then, on October 5, 2020, the Ohio Secretary of State issued a new directive, 2020-22, which “authorized any board to deploy its staff to receive ballots at sites other than the board office.” In response to that action, Judge Polster on October 6 dismissed the plaintiffs’ action without prejudice. The court found that the new directive “alleviat[ed] many of the concerns raised at the [September 23 and 24 preliminary injunction] hearing[s]” and would allow at least the Cuyahoga County (Cleveland) board of elections to implement its plan to receive absentee ballots in six locations throughout the county. The plaintiffs moved for reconsideration of the dismissal the same day. 

Judge Polster granted the motions for reconsideration and for a preliminary injunction on October 8, 2020. After the district court’s dismissal, the Secretary of State on October 7 sent an email to the Cuyahoga County board of elections clarifying that the language “outside the office” in directive 2020-22 did not permit the board to deploy staff to any remote location in the county to collect ballots. The district court found that, in light of the Secretary’s clarification, directive 2020-22 did not “actually solve the problem” — the “looming crisis” — that the district court had identified in its October 6 order. Therefore, the court had been wrong to dismiss the action. 

Moving on, the court found that the organizational plaintiffs had standing because they had to divert significant resources to handle the directive, the defendant had caused the directive, and an injunction against the directive would remedy the resource strain. As to the individual voter plaintiffs, at least one of them had alleged a burden on their right to vote that was sufficient to cause injury-in-fact, and the causation and redressability analysis went the same way as that for the organizational plaintiffs did.

On the preliminary injunction factors, the court found that plaintiffs had demonstrated that they were likely to succeed on the merits. The court applied the Anderson-Burdick framework for evaluating constitutional challenges to specific provisions of a state’s election laws. The court first found “that the combination of the [d]irective limiting counties to a single drop box location and the disproportionate effect it has on people of color living in larger counties and cities imposes a significant burden on Plaintiffs’ fundamental right to vote.” Second, it found the state’s asserted justifications of its directive — providing voters ballot security and limiting the risk of voter fraud — did not serve a state interest. There was “no evidence in the record that suggests that multiple drop boxes cannot be as secure as the single drop box,” or that there was any risk of fraud. So, it was “not even a close question” that the plaintiffs were likely to succeed on their 1A and 14A claims. Because there was a likely constitutional violation, the plaintiff would suffer irreparable harm absent injunctive relief — relief which would also serve the public interest. The court granted the motion for a preliminary injunction. 493 F.Supp.3d 596. 

The defendants appealed the district court’s order the same day, October 8, 2020 (USCA no. 20-4063). The next day, October 9, the Sixth Circuit stayed the injunction pending appeal. Circuit Judge Richard Allen Griffin wrote the opinion, which Circuit Judge Amul R. Thapar joined and from which Circuit Judge Helene N. White dissented. The court of appeals found that the defendant would likely succeed on the merits. Unlike the district court, the court of appeals’ application of the Anderson-Burdick framework found the directive placed only a slight and non-discriminatory burden on voters, who had many other means of voting besides at an absentee drop-box. The court then found the directive to serve four legitimate state interests: uniformity, efficiency, accuracy, and security of elections. On the other stay factors, the court found that the injunction would cause irreparable harm to Ohio’s election process (by impinging on the four state interests), would not harm anyone, and was in the public interest. Accordingly, the court granted a stay of the injunction pending a full appeal. Judge White dissented from the opinion and would not have granted the stay because, in her view, the district court did not abuse its discretion. 831 Fed.Appx. 188. 

In light of this Sixth Circuit opinion, on October 22, 2020, the plaintiffs filed a stipulated order of dismissal against the Secretary of State, which the district court granted on October 23. The dismissal dissolved the previously granted injunction. The court of appeals on October 28 dismissed the case there on the Secretary of State’s unopposed motion to do so. 2020 WL 7980224. The case is now closed.

Summary Authors

John Juenemann (4/2/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17485546/parties/a-philip-randolph-institute-of-ohio-v-larose/


Judge(s)

Griffin, Richard Allen (Michigan)

Polster, Dan A. (Ohio)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Bardwell, Brian D. (Ohio)

Bronen, Mariel R. (New York)

Carey, David J. (Ohio)

Chandra, Subodh (Ohio)

Chaudhuri, Pooja (District of Columbia)

Cohan, Lindsey Beth (Texas)

Coontz, Bridget C (Ohio)

Judge(s)

Griffin, Richard Allen (Michigan)

Polster, Dan A. (Ohio)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Bardwell, Brian D. (Ohio)

Bronen, Mariel R. (New York)

Carey, David J. (Ohio)

Chandra, Subodh (Ohio)

Chaudhuri, Pooja (District of Columbia)

Cohan, Lindsey Beth (Texas)

Coontz, Bridget C (Ohio)

Greenbaum, Jon M. (District of Columbia)

Levenson, Freda J. (Ohio)

Rosenberg, Freda J. (Ohio)

Schuster, James H. (Ohio)

Screen, Donald P. (Ohio)

Snapp, Erik W. (Illinois)

Steiner, Neil (New York)

Yale, Theodore E. (Pennsylvania)

Yost, Dave (Ohio)

Attorneys(s) for Defendant

Miller, Charles (Ohio)

Sliwinski, Michael (Ohio)

Other Attorney(s)

Gore, John M. (District of Columbia)

Kenny, Stephen J. (District of Columbia)

McLaughlin, Christopher M. (Ohio)

Documents in the Clearinghouse

Document

1:20-cv-01908

Docket [PACER]

A. Philip Randolph Institute of Ohio v. LaRose

Oct. 30, 2020

Oct. 30, 2020

Docket
1

1:20-cv-01908

Complaint

A. Philip Randolph Institute of Ohio v. LaRose

Aug. 26, 2020

Aug. 26, 2020

Complaint
27

1:20-cv-01908

Opinion and Order

A. Philip Randolph Institute of Ohio v. LaRose

2020 WL 5524842

Sept. 15, 2020

Sept. 15, 2020

Order/Opinion
77

1:20-cv-01908

Order

A. Philip Randolph Institute of Ohio v. LaRose

2020 WL 6600102

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
91

1:20-cv-01908

Opinion and Order

A. Philip Randolph Institute v. LaRose

Oct. 8, 2020

Oct. 8, 2020

Order/Opinion
92

1:20-cv-01908

Defendant's Notice of Appeal

A. Philip Randolph Institute of Ohio v. LaRose

Oct. 8, 2020

Oct. 8, 2020

Pleading / Motion / Brief
20-2

0:20-04063

Order

A. Philip Randolph Institute of Ohio v. LaRose

U. S. Court of Appeals for the Sixth Circuit

831 Fed.Appx. 188

Oct. 9, 2020

Oct. 9, 2020

Order/Opinion
96

1:20-cv-01908

Notice of Stipulated Dismissal

A. Philip Randolph Institute of Ohio v. LaRose

Oct. 23, 2020

Oct. 23, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17485546/a-philip-randolph-institute-of-ohio-v-larose/

Last updated Aug. 11, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against Frank LaRose. Filing fee paid $ 400, Receipt number AOHNDC-10218692. Filed by C. Ellen Connally, Ohio State Conference of the NAACP, Matthew Nowling, Soli Collins, League of Women Voters of Ohio, Ryllie Jesionowski, A. Philip Randolph Institute of Ohio, Beatrice Griffin, Marcus Germany, Sarah Rikleen. (Attachments: # 1 Civil Cover Sheet) (Schuster, James) (Entered: 08/26/2020)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

Aug. 26, 2020

Aug. 26, 2020

Clearinghouse

Judge Dan Aaron Polster assigned to case, (B,R)

Aug. 27, 2020

Aug. 27, 2020

PACER

Utility Event

Aug. 27, 2020

Aug. 27, 2020

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (B,R)

Aug. 27, 2020

Aug. 27, 2020

PACER

Random Assignment of Magistrate Judge

Aug. 27, 2020

Aug. 27, 2020

PACER
2

Magistrate Consent Form issued. Summons not provided and were not issued. (B,R) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

RECAP
3

Waiver of Service Returned Executed. Frank LaRose waiver sent on 8/27/2020, answer due 10/26/2020 filed on behalf of C. Ellen Connally; Ohio State Conference of the NAACP; Matthew Nowling; Soli Collins; League of Women Voters of Ohio; Ryllie Jesionowski; A. Philip Randolph Institute of Ohio; Beatrice Griffin; Marcus Germany; Sarah Rikleen (Schuster, James) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP

Notice [non-document] of Telephone Conference set for 8/31/2020 at 02:30 PM before Judge Dan Aaron Polster. (K,K)

Aug. 31, 2020

Aug. 31, 2020

PACER

Notice of Hearing or Conference

Aug. 31, 2020

Aug. 31, 2020

PACER
4

Motion for attorney Ezra Rosenberg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10226637, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A" - Declaration)(Schuster, James - s/Ezra Rosenberg) Modified to note attorney signature on 9/1/2020 (M,TL). (Entered: 08/31/2020)

1 Exhibit "A"

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Aug. 31, 2020

Aug. 31, 2020

PACER
5

Motion for attorney Pooja Chaudhuri to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10226701, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A")(Schuster, James - s/Pooja Chaudhuri) Modified to add attorney name on 9/1/2020 (M,TL). (Entered: 08/31/2020)

1 Exhibit "A"

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Aug. 31, 2020

Aug. 31, 2020

PACER
6

Attorney Appearance by David J. Carey filed by on behalf of All Plaintiffs. (Carey, David) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP
7

Attorney Appearance by Freda J. Levenson filed by on behalf of All Plaintiffs. (Levenson, Freda) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
8

Attorney Appearance by Michael R. Sliwinski filed by on behalf of Frank LaRose. (Sliwinski, Michael) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP
9

Attorney Appearance by Charles M. Miller filed by on behalf of Frank LaRose. (Miller, Charles) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On August 31, 2020, the Court held a teleconference attended by Plaintiffs' counsel Jon Greenbaum, Pooja Chaudhuri, Neil Steiner, Lindsey Cohan, Erik Snapp, Theodore Yale, Subodh Chandra, James Schuster, and David Carey; Plaintiffs' representatives Andre Washington, Tom Roberts, C. Ellen Connally, and Ezra Rosenberg; Defendant's counsel Charles Miller and Michael Sliwinski; and Defendant's representative Mike Grodhaus. The Court discussed Plaintiffs' claims with the parties and the necessity of a quick resolution. Plaintiffs have not yet filed a motion for preliminary injunction, and the parties agreed to take the concerns reflected by the Court into consideration. Nothing further was scheduled. Time: 45 min. (P,R)

Sept. 1, 2020

Sept. 1, 2020

PACER

Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On August 31, 2020, the Court held a teleconference attended by Plaintiffs' counsel Jon Greenbaum, Pooja Chaudhuri, Neil Steiner, Lindsey Cohan, Erik Snapp, Theodore Yale, Subodh Chandra, James Schuster, and David Carey; Plaintiffs' representatives Andre Washington, Tom Roberts, C. Ellen Connally, and Ezra Rosenberg; Defendant's counsel Charles Miller and Michael Sliwinski; and Defendant's representative Mike Grodhaus. The Court discussed Plaintiffs' claims with the parties and the necessity of a quick resolution. Plaintiffs have not yet filed a motion for preliminary injunction, and the parties agreed to take the concerns reflected by the Court into consideration. Nothing further was scheduled. (Court Reporter: Susan Trischan) Time: 45 min. (P,R) Notice regenerated on 9/14/2020 (K,K).

Sept. 1, 2020

Sept. 1, 2020

PACER

Telephone Conference

Sept. 1, 2020

Sept. 1, 2020

PACER
10

Motion for attorney Erik W. Snapp to Appear Pro Hac Vice. (Along with Exhibit "A") Filing fee $ 120, receipt number AOHNDC-10232677, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A")(Schuster, James) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
11

Motion for attorney Lindsey B. Cohan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10232881, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit "A")(Schuster, James) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

Order [non-document] granting Motions for appearance pro hac vice by attorneys Ezra Rosenberg and Pooja Chaudhuri for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ## 4, 5 ). Approved by Judge Dan Aaron Polster on 9/2/2020.(K,K)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Erik W. Snapp for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 10 ). Approved by Judge Dan Aaron Polster on 9/2/2020.(K,K)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Lindsey Beth Cohan for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 11 ) Approved by Judge Dan Aaron Polster on 9/2/2020.(K,K)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion to Appear Pro Hac

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion to appear pro hac vice

Sept. 2, 2020

Sept. 2, 2020

PACER
12

Transcript of Status Conference held on August 31, 2020 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at susan_trischan@ohnd.uscourts.gov or 216-357-7087. [28 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/11/2020. Redaction Request due 9/25/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/3/2020. (T,S) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
13

Motion for preliminary injunction filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Brief in Support, # 2 Proposed Order, # 3 Exhibit A (Declaration - Ditchey, David), # 4 Exhibit B (Directive 2020-16), # 5 Exhibit C (Delaration - Chatman, Daniel), # 6 Exhibit D (Declaration - McCool, Daniel), # 7 Exhibit E (Declaration - Lederman, Michael), # 8 Exhibit F (Declaration - Chappell, Inajo Davis), # 9 Exhibit G (Attestation - Schuster, James), # 10 Exhibit H (Declaration - McGuire, Paddy), # 11 Exhibit I (Declaration - Jesionowski, Ryllie), # 12 Exhibit J (Declaration - Collins, Soli), # 13 Exhibit K (Griffin, Beatrice), # 14 Exhibit L (Declaration - Connally, C. Ellen), # 15 Exhibit M (Declaration - Nowling, Matthew), # 16 Exhibit N (Declaration - Germany, Marcus), # 17 Exhibit O (Declaration - Rikleen, Sarah), # 18 Exhibit P (Declaration - Washington, Andre), # 19 Exhibit Q (Declaration - Miller, Jen), # 20 Exhibit R (Declaration - Roberts, Tom))(Schuster, James) (Entered: 09/04/2020)

1 Brief in Support Memorandum (In Support of Preliminary Injunction)

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2 Proposed Order (Preliminary Injunction)

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3 Exhibit Exh. A (Declaration - Ditchey, David)

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4 Exhibit Exh. B (Directive 2020-16)

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5 Exhibit Exh. C (Delaration - Chatman, Daniel)

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6 Exhibit Exh. D (Declaration - McCool, Daniel)

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7 Exhibit Exh. E (Declaration - Lederman, Michael)

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8 Exhibit Exh. F (Declaration - Chappell, Inajo Davis)

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9 Exhibit Exh. G (Attestation - Schuster, James)

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10 Exhibit Exh. H (Declaration - McGuire, Paddy)

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11 Exhibit Exh. I (Declaration - Jesionowski, Ryllie)

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12 Exhibit Exh. J (Declaration - Collins, Soli)

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13 Exhibit Exh. K (Griffin, Beatrice)

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14 Exhibit Exh. L (Declaration - Connally, C. Ellen)

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15 Exhibit Exh. M (Declaration - Nowling, Matthew)

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16 Exhibit Exh. N (Declaration - Germany, Marcus)

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17 Exhibit Exh. O (Declaration - Rikleen, Sarah)

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18 Exhibit Exh. P (Declaration - Washington, Andre)

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19 Exhibit Exh. Q (Declaration - Miller, Jen)

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20 Exhibit Exh. R (Declaration - Roberts, Tom)

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Sept. 4, 2020

Sept. 4, 2020

RECAP
14

Motion for Order for Expedited Briefing Schedule (Preliminary Injunction) filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. Related document(s) 13 . (Schuster, James) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER

IMPORTANT: Notice [non-document] Telephone Conference set for 9/8/2020 at 11:00 AM before Judge Dan Aaron Polster. Related document(s) 13, 14 . (K,K)

Sept. 8, 2020

Sept. 8, 2020

PACER

Notice of Hearing or Conference

Sept. 8, 2020

Sept. 8, 2020

PACER
15

Correction of Docket# [13-4] - Exhibit B - Directive 2020-16 filed by All Plaintiffs. Related document(s) 13 . (Schuster, James) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
16

Answer to 1 Complaint, filed by Frank LaRose. (Sliwinski, Michael) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP

Minute Order _ Telephone Conference

Sept. 9, 2020

Sept. 9, 2020

PACER

Minute Order [non-document] - On September 8, 2020, the Court held a teleconference. The Court discussed Plaintiffs' motion for preliminary injunction and related state court case with the parties. Defendant's counsel represented that it is their position that the statute at issue does not allow for more than one drop box per county. However, if a court directs otherwise, the Secretary will follow that order and allow additional drop boxes. The Court will adhere to the principle that it is to construe statutes to avoid constitutional conflict. Therefore, the parties shall address in their briefing, and at the hearing, whether the statute prohibits any County Board of Elections from authorizing more than one secure drop box, and at sites other than the Board itself. Due to the urgency of a final decision, the Court's Order will consolidate Plaintiffs' motion for preliminary injunction and permanent injunction pursuant to Fed. R. Civ. P.65(a)(2). Defendant shall file its response to Plaintiffs' motion for preliminary injunction no later than September 16, 2020, and Plaintiffs shall file its reply to Defendant's opposition motion no later than September 21, 2020. The parties shall exchange exhibits, with copies sent to the Court, no later than 12:00 noon on September 21, 2020. A hearing will be held via Zoom on September 23, 2020, at 9:30 am. The Court will provide the parties with instructions as to how to access the hearing. Plaintiffs shall file a notice addressing, if the Court grants their requested relief, whether Plaintiffs intend to bring legal action against counties in the event that they decide to exercise their discretion by not providing more than one drop box, no later than 12:00 noon on September 9, 2020. Judge Dan Aaron Polster on 9/9/20. Time: 1 hr (P,R)

Sept. 9, 2020

Sept. 9, 2020

PACER

Minute Order [non-document] On September 8, 2020, the Court held a teleconference. The Court discussed Plaintiffs' motion for preliminary injunction and related state court case with the parties. Defendant's counsel represented that it is their position that the statute at issue does not allow for more than one drop box per county. However, if a court directs otherwise, the Secretary will follow that order and allow additional drop boxes. The Court will adhere to the principle that it is to construe statutes to avoid constitutional conflict. Therefore, the parties shall address in their briefing, and at the hearing, whether the statute prohibits any County Board of Elections from authorizing more than one secure drop box, and at sites other than the Board itself. Due to the urgency of a final decision, the Court's Order will consolidate Plaintiffs' motion for preliminary injunction and permanent injunction pursuant to Fed. R. Civ. P.65(a)(2). Defendant shall file its response to Plaintiffs' motion for preliminary injunction no later than September 16, 2020, and Plaintiffs shall file its reply to Defendant's opposition motion no later than September 21, 2020. The parties shall exchange exhibits, with copies sent to the Court, no later than 12:00 noon on September 21, 2020. A hearing will be held via Zoom on September 23, 2020, at 9:30 am. The Court will provide the parties with instructions as to how to access the hearing. Plaintiffs shall file a notice addressing, if the Court grants their requested relief, whether Plaintiffs intend to bring legal action against counties in the event that they decide to exercise their discretion by not providing more than one drop box, no later than 12:00 noon on September 9, 2020. Judge Dan Aaron Polster on 9/9/20. (Court Reporter: Lance Boardman) Time: 1 hr (P,R) Notice regenerated on 9/14/2020 (K,K).

Sept. 9, 2020

Sept. 9, 2020

PACER
17

Notice Regarding Requested Relief filed by All Plaintiffs. Related document(s) 13, 1 .(Schuster, James) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

RECAP
18

Motion to intervene as a party filed by Donald J. Trump for President, Inc., Ohio Republican Party, Republican National Committee, National Republican Congressional Committee. (Attachments: # 1 Brief in Support, # 2 Exhibit A - Order in ODP v. LaRose (20 CV 5634), # 3 Exhibit B - Order in LWV v. LaRose (20-cv-3843), # 4 Exhibit C - Order in ODP v. LaRose (20 CV 4997), # 5 Exhibit D - Proposed Answer)(McLaughlin, Christopher) (Entered: 09/10/2020)

1 Brief in Support

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2 Exhibit A - Order in ODP v. LaRose (20 CV 5634)

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3 Exhibit B - Order in LWV v. LaRose (20-cv-3843)

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4 Exhibit C - Order in ODP v. LaRose (20 CV 4997)

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5 Exhibit D - Proposed Answer

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Sept. 10, 2020

Sept. 10, 2020

RECAP
19

Motion for Order to Expedite Briefing on Motion to Intervene filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. Related document(s) 18 . (McLaughlin, Christopher) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER

Order on Motion to Appear Pro Hac

Sept. 10, 2020

Sept. 10, 2020

PACER
20

Motion for attorney John M. Gore to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10255654, filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McLaughlin, Christopher) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
21

Motion for attorney Theodore Yale to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10256023, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit A- Declaration)(Schuster, James) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
22

Motion for attorney Mariel Bronen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10256040, filed by A. Philip Randolph Institute of Ohio, Soli Collins, C. Ellen Connally, Marcus Germany, Beatrice Griffin, Ryllie Jesionowski, League of Women Voters of Ohio, Matthew Nowling, Ohio State Conference of the NAACP, Sarah Rikleen. (Attachments: # 1 Exhibit A -Declaration)(Schuster, James) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney John M. Gore for Donald J. Trump for President, Inc., John M. Gore for National Republican Congressional Committee, John M. Gore for Ohio Republican Party, John M. Gore for Republican National Committee. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 20 ). Approved by Judge Dan Aaron Polster on 9/10/2020.(K,K)

Sept. 10, 2020

Sept. 10, 2020

PACER

Order [non-document] granting Motions for appearance pro hac vice by attorneys Theodore E. Yale and Mariel R. Bronen for Plaintiffs. (Related Doc ##: 21, 22 ). Approved by Judge Dan Aaron Polster on 9/10/2020.(K,K)

Sept. 10, 2020

Sept. 10, 2020

PACER

Order [non-document] granting Motions for appearance pro hac vice by attorneys Theodore E. Yale and Mariel R. Bronen for Plaintiffs. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc ##: 21, 22 ). Approved by Judge Dan Aaron Polster on 9/10/2020.(K,K) Notice regenerated on 9/11/2020 (K,K).

Sept. 10, 2020

Sept. 10, 2020

PACER

Order on Motion to appear pro hac vice

Sept. 10, 2020

Sept. 10, 2020

PACER

Order on Motion to appear pro hac vice AND Order on Motion to appear pro hac vice

Sept. 10, 2020

Sept. 10, 2020

PACER

Order

Sept. 11, 2020

Sept. 11, 2020

PACER

Order [non-document] - On September 9, 2020, the Court issued its Order stating the parties' briefing deadlines for Plaintiffs' motion for preliminary injunction. The Court clarifies for the record that all briefs stated in the Courts September 9, 2020 Order shall be filed no later than 12:00 noon. Accordingly, Defendant shall file its response to Plaintiffs' motion for preliminary injunction no later than 12:00 noon on September 16, 2020, and Plaintiffs shall file its reply to Defendant's opposition motion no later than 12:00 noon on September 21, 2020. Judge Dan Aaron Polster on 9/11/20. (P,R)

Sept. 11, 2020

Sept. 11, 2020

PACER

Order on Motion for order

Sept. 11, 2020

Sept. 11, 2020

PACER

Order [non-document] - The Proposed Intervenor-Defendants' motion for an expedited briefing schedule with respect to their motion to intervene is granted as follows: Plaintiffs and Defendant shall respond to the motion to intervene no later than 4:00 pm on Monday, September 14, 2020, and the Proposed Intervenor-Defendants shall file a reply no later than 4:00 pm on Tuesday, September 15, 2020. The Court grants the Proposed Intervenor-Defendants' request for leave to file a response to Plaintiffs motion for preliminary injunction pending resolution of the motion to intervene no later than 12:00 noon on September 16, 2020. (Related Doc # 19 ). Judge Dan Aaron Polster on 9/11/20.(P,R)

Sept. 11, 2020

Sept. 11, 2020

PACER
23

Opposition to 18 Motion to intervene as a party Defendant filed by All Plaintiffs. (Schuster, James) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP

Order

Sept. 14, 2020

Sept. 14, 2020

PACER

Order [non-document] - On September 9, 2020, the Court issued its Order instructing the parties to address in their briefing, and at the hearing, whether the statute prohibits any County Board of Elections from authorizing more than one secure drop box, and at sites other than the Board itself. The Court clarifies that, because Plaintiffs are claiming an equal protection violation, the parties should also address the following: 1) the suspect classification(s); 2) the level of scrutiny the Court should apply; and 3) the state interest(s) advanced by prohibiting drop boxes at locations other than at the Boards of Elections. The above-mentioned should be addressed in Defendant's response to Plaintiffs' motion for preliminary injunction which shall be filed no later than 12:00 noon on September 16, 2020, and Plaintiffs' reply to Defendant's opposition motion which shall be filed no later than 12:00 noon on September 21, 2020. Judge Dan Aaron Polster on 9/14/20. (P,R)

Sept. 14, 2020

Sept. 14, 2020

PACER
24

Expedited Non-Appeal Transcript Order Form for proceedings held on 09/08/2020 before Judge Polster, Court Reporter: Lance Boardman. Requested completion date: 09/15/2020 filed by Frank LaRose. (Miller, Charles) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

Order on Motion to Appear Pro Hac

Sept. 15, 2020

Sept. 15, 2020

PACER
25

Reply in support of 18 Motion to intervene as a party filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (McLaughlin, Christopher) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

RECAP
26

Motion for attorney Stephen J. Kenny to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10265983, filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McLaughlin, Christopher) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER

Order [non-document] granting Motion for appearance pro hac vice by attorney Stephen J. Kenny for Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, and Republican National Committee. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 26 ) Approved by Judge Dan Aaron Polster on 9/15/2020.(K,K)

Sept. 15, 2020

Sept. 15, 2020

PACER
27

Opinion and Order For the reasons stated in the Order, the Motion to intervene as a party, Doc. #: 18, is granted. The Clerk is directed to file Intervenors' Answer attached to the Motion at Exhibit D. Intervenors shall file their brief in opposition to Plaintiffs' motion for a preliminary injunction no later than noon on September 16, 2020. Signed by Judge Dan Aaron Polster on 9/15/2020.(K,K) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

Clearinghouse
28

Answer filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (K,K) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

RECAP
29

Transcript of Teleconference proceedings held on 09/08/2020 before Judge Dan Aaron Polster. To obtain a copy of this transcript, please contact court reporter Lance A. Boardman (Lance_Boardman@ohnd.uscourts.gov) [37 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/22/2020. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. Related document(s) 24 . (B,LA) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

RECAP

Order on Motion to appear pro hac vice

Sept. 15, 2020

Sept. 15, 2020

PACER
30

Opposition to 13 Motion for preliminary injunction filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit B- Directive 2020-07, # 2 Exhibit C -, # 3 Exhibit D -, # 4 Exhibit E -, # 5 Exhibit F -Order, # 6 Exhibit G -Order, # 7 Exhibit H - Statement of Postmaster General)(McLaughlin, Christopher) (Entered: 09/16/2020)

1 Exhibit B- Directive 2020-07

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2 Exhibit C -

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3 Exhibit D -

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4 Exhibit E -

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5 Exhibit F -Order

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6 Exhibit G -Order

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7 Exhibit H - Statement of Postmaster General

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Sept. 16, 2020

Sept. 16, 2020

RECAP
31

Opposition to 13 Motion for preliminary injunction filed by Frank LaRose. (Attachments: # 1 Exhibit 1-Secretary of State directive, # 2 Exhibit 2-chart, # 3 Exhibit 3-rules of election board)(Miller, Charles) Modified text on 9/16/2020 (S,SR). (Entered: 09/16/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Sept. 16, 2020

Sept. 16, 2020

RECAP
32

Exhibit(s) A - Faux Deposition filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. Related document(s) 30 . (Gore, John) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP

Minute Order _ Telephone Conference

Sept. 17, 2020

Sept. 17, 2020

PACER

Minute Order [non-document] - On September 17, 2020, the Court held a teleconference at the request of the parties to discuss matters related to the preliminary injunction hearing. The Court discussed the parties' briefs and witnesses, and the necessity of getting this matter resolved. The Court instructed the parties to exchange the names of their witnesses and ensure that their witnesses are available to be deposed. Defendant shall provide Plaintiffs' counsel with a detailed outline stating the subjects in which their witnesses will testify no later than noon on Friday, September 18, 2020. The Defendant shall ensure that their witnesses are available to be deposed no later than Tuesday, September 22, 2020. As stated in the Court's September 9, 2020 Order, the preliminary injunction hearing will be held via Zoom on September 23, 2020, at 9:30 am. The Court grants Plaintiffs' counsel request to limit the hearing to a preliminary injunction and vacates the portion of its September 9, 2020 Order that consolidates Plaintiffs' motion for preliminary injunction and permanent injunction. The Court will provide the parties with the instructions to access the hearing. Each party is responsible for the appearance of its witnesses. Only counsel, counsels representatives, and witnesses are allowed to attend the hearing via Zoom. The Court will allow brief opening arguments. A follow-up teleconference will be held on Monday, September 21, 2020, at 3:00 pm to address any concerns prior to the hearing. Dial-in instructions will be provided to all parties. Time: 45 min. Court Reporter: Lance Boardman. Judge Dan Aaron Polster on 9/17/20. (P,R)

Sept. 17, 2020

Sept. 17, 2020

PACER
33

Expedited Non-Appeal Transcript Order Form for proceedings held on September 17, 2020 before Judge Polster, re Minute Order _ Telephone Conference,,,,,,. Court Reporter: Lance Boardman. Requested completion date: 9/21/2020 filed by Frank LaRose. (Miller, Charles) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
34

Reply in support of 13 Motion for preliminary injunction (With Exhibit - A) filed by All Plaintiffs. (Attachments: # 1 Exhibit - A (Attestation of James Schuster))(Schuster, James) (Entered: 09/21/2020)

1

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Sept. 21, 2020

Sept. 21, 2020

PACER

Telephone Conference

Sept. 21, 2020

Sept. 21, 2020

PACER
35

Exhibit List filed by Frank LaRose. (Attachments: # 1 Exhibit A, Directive 2020-16, # 2 Exhibit B, Deposition Transcript of Inajo Davis Chappell, # 3 Exhibit C, Deposition Transcript of Dr. Daniel G. Chatman, # 4 Exhibit D, Deposition Transcript of Soli Collins, # 5 Exhibit E, Deposition Transcript of C. Ellen Connally, # 6 Exhibit F, Deposition Transcript of David Ditchey, # 7 Exhibit G, Deposition Transcript of Caleb Faux, # 8 Exhibit H, Deposition Transcript of Beatrice Griffin, # 9 Exhibit I, Deposition Transcript of Ryllie Jesionowski, # 10 Exhibit J, Deposition Transcript of Dr. Michael Lederman, # 11 Exhibit K, Deposition Transcript of Dr. Daniel McCool, # 12 Exhibit L, Deposition Transcript of Paddy McGuire, # 13 Exhibit M, Deposition Transcript of Jennifer Miller (LWV), # 14 Exhibit N, Deposition Transcript of Matthew Nowling, # 15 Exhibit O, Deposition Transcript of Sarah Rikleen, # 16 Exhibit P, Deposition Transcript of Thomas Roberts (NAACP), # 17 Exhibit Q, Deposition Transcript of Andre Washington (APRI))(Miller, Charles) (Entered: 09/21/2020)

1 Exhibit A, Directive 2020-16

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2 Exhibit B, Deposition Transcript of Inajo Davis Chappell

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3 Exhibit C, Deposition Transcript of Dr. Daniel G. Chatman

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4 Exhibit D, Deposition Transcript of Soli Collins

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5 Exhibit E, Deposition Transcript of C. Ellen Connally

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6 Exhibit F, Deposition Transcript of David Ditchey

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7 Exhibit G, Deposition Transcript of Caleb Faux

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8 Exhibit H, Deposition Transcript of Beatrice Griffin

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9 Exhibit I, Deposition Transcript of Ryllie Jesionowski

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10 Exhibit J, Deposition Transcript of Dr. Michael Lederman

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11 Exhibit K, Deposition Transcript of Dr. Daniel McCool

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12 Exhibit L, Deposition Transcript of Paddy McGuire

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13 Exhibit M, Deposition Transcript of Jennifer Miller (LWV)

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14 Exhibit N, Deposition Transcript of Matthew Nowling

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15 Exhibit O, Deposition Transcript of Sarah Rikleen

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16 Exhibit P, Deposition Transcript of Thomas Roberts (NAACP)

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17 Exhibit Q, Deposition Transcript of Andre Washington (APRI)

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Sept. 21, 2020

Sept. 21, 2020

PACER
36

Exhibits for Preliminary Injunction Hearing filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
37

Trial Exhibit List filed by Donald J. Trump for President, Inc., National Republican Congressional Committee, Ohio Republican Party, Republican National Committee. (Attachments: # 1 Exhibit Int. A - Faux Dep., # 2 Exhibit Int. B - Directive 2020-07, # 3 Exhibit Int. C - Morley Paper, # 4 Exhibit Int. D - Commission Report, # 5 Exhibit Int. E - Minutes, # 6 Exhibit Int. . F - Order, # 7 Exhibit Int. G - Order, # 8 Exhibit Int. H - Statement of Postmaster General)(Kenny, Stephen) (Entered: 09/21/2020)

1 Exhibit Int. A - Faux Dep.

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2 Exhibit Int. B - Directive 2020-07

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3 Exhibit Int. C - Morley Paper

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4 Exhibit Int. D - Commission Report

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5 Exhibit Int. E - Minutes

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6 Exhibit Int. F - Order

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7 Exhibit Int. G - Order

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8 Exhibit Int. H - Statement of Postmaster General

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Sept. 21, 2020

Sept. 21, 2020

RECAP
38

Attorney Appearance by Bridget Coontz filed by on behalf of Frank LaRose. (Coontz, Bridget) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
39

Exhibit(s) 20 (McGuire Trial Exhibit Washington State Drop Box Usage Rates in Recent Elections) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
40

Exhibit(s) 21 (McGuire Trial Exhibit Drop Box Usage Rates for Election Day in Recent Elections) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
41

Exhibit(s) 22 (Hamilton County Board of Elections Meeting Held 07-14-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
42

Transcript of Teleconference held on 09/17/2020 before Judge Dan Aaron Polster. To obtain a copy of this transcript, please contact court reporter Lance A. Boardman at Lance_Boardman@ohnd.uscourts.gov [34 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/28/2020. Redaction Request due 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. Related document(s) 33 . (B,LA) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
43

Exhibit(s) 23 (Hamilton County Board of Elections Meeting Held 08-03-2020) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
44

Exhibit(s) 24 - Travel Burdens, Statewide: Household Vehicle vs. No Household Vehicle filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
45

Exhibit(s) 25 - Travel Burdens: Ohio's Top 20 Cities by Population filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
46

Exhibit(s) 26 - Travel Burdens: Household Vehicle Ownership as a Function of Mean Household Income filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
47

Exhibit(s) 27 (Queuing Burdens: Vehicles in Queues on Election Day, Baseline Scenario (omitting counties with no queues) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
48

Exhibit(s) 28 (Queuing Burdens: Wait Times (in hours) on Election Day - Baseline Scenario (omitting counties with no queues) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
49

Exhibit(s) 29 (Queuing Burdens: Numbers of Vehicles in Queues and Wait Times (in hours) When Polls Close, All Three Scenarios (for counties with queues exceeding one hour in the baseline scenario)) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
50

Exhibit(s) 330 (LaRose Proposes Innovative Solution To Pay Postage For Absentee Ballots - Ohio Secretary of State) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
51

Exhibit(s) 31 (LaRose Letter to USPS - Conflicting Information from the USPS related to Election Mail) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
52

Exhibit(s) 32 (Declaration of D. Korada (09-21-2020)) filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
53

Witness List filed by Frank LaRose. (Miller, Charles) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
54

Deposition of Inajo Davis Chappell taken on 09-11-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
55

Deposition of Dr. Daniel G. Chatman taken on 09-14-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
56

Deposition of Ms. Soli Collins taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
57

Deposition of C. Ellen Connally taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
58

Deposition of Mr. David Ditchey taken on 09-14-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
59

Deposition of Caleb Faux taken on 09-11-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
60

Deposition of Beatrice Griffin taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
61

Deposition of Ryllie Jesionowski taken on 09-17-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
62

Deposition of Dr. Michael Lederman taken on 09-15-2020 filed by All Plaintiffs. Related document(s) 13, 34 . (Schuster, James) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 12, 2020

Closing Date: Oct. 28, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voters; State civil rights organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Reporting

Issues

General:

Voting

Voting access

Voting:

Election administration