Filed Date: Aug. 30, 2019
Closed Date: Sept. 3, 2019
Clearinghouse coding complete
This case involved allegations that an Ohio state official violated eligible voters’ fundamental right to vote under the Fourteenth Amendment Due Process Clause, and the Ohio Constitution.
On August 30, 2019, the Ohio Democratic Party filed this lawsuit against Ohio’s Secretary of State in the United States District Court in the Southern District of Ohio. Plaintiff sought to permanently stop Ohio’s Secretary of State from removing eligible voters from Ohio’s voter registration database or prevent the Defendant from disqualifying and discarding provisional ballots. Along with the complaint, Plaintiff filed a motion for temporary restraining order.
Plaintiff claimed that the Defendant maintained a computerized voter registration program that contained voter’s name, address, party affiliation, county, school district, precinct, and registration date. The Defendant wrongfully removed eligible voters from the list in violation of federal and state laws. If an eligible voter is removed from the registration list, the voter may cast a provisional ballot as permitted under the settlement agreement entered in, A. Philip Randolph Institute v. Husted, Case No. 2:16-cv-303 (S.D. Ohio Aug. 28, 2019).
Plaintiff allegedly identified about 30,600 eligible voters wrongfully included on Defendant’s purge list. Plaintiff argued that Defendant’s purge systems and processes violate registrants’ fundamental right to vote, disenfranchise voters, and prevent them from participating in elections. Plaintiff also argued that Ohio’s provisional ballot process is not an adequate solution for identifying and remedying voters injured by Defendant’s purge process because it discards ballots for technicalities such as a voter’s name written in cursive rather than print.
In response to Plaintiff’s allegations, Defendant argued that the Plaintiff was not the proper party to bring this lawsuit because they suffered no injury. Defendant argued that Plaintiff’s arguments were speculative and that the motion was premature because voters had until October 7, 2019, to register to vote. Defendant also argued that Plaintiff relied on old errors that Defendant has since corrected and that Plaintiff and similar public interest groups can reach out to affected persons and urge them to re-register to vote before the October deadline. The Defendant claimed that eligible voters wrongfully removed from the list have other means of restoring their active status; and therefore the list only includes those voters who have not taken steps to remain on the registrar. The Defendant also claimed that he had already instructed the board of elections not to reject provisional ballots for technical errors.
On September 3, 2019, the Honorable James L. Graham denied Plaintiff’s motion for lack of sufficient evidence as the Court will not infer ill intentions without evidence. First, Plaintiff relied on the report of other organizations in support of the argument that there are errors on the Defendant’s list. Second, Plaintiff did not provide evidence regarding the basis used to conclude that certain numbers of voters were wrongfully included on the list. Third, Plaintiff provided no evidence that Defendant was recalcitrant in fixing errors or that Defendant continued to reject provisional ballots for technicalities.
Judge Graham scheduled hearing on plaintiff’s motion for preliminary relief for September 9, 2019. However, on the same day that Judge Graham issued his decision, the Plaintiff elected to voluntarily dismissed their case without damaging their right to bring the case again before the court. The details of the voluntary dismissal are unknown to the Clearinghouse at this time.
The case is now closed.
Summary Authors
Garcia Samuylov (7/30/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16137443/parties/ohio-democratic-party-v-larose/
Graham, James L. (Ohio)
West, Nathaniel Zachary (Ohio)
Buchanan, Heather L. (Ohio)
Seskes, Brandi R. (Ohio)
Yackshaw, Ann (Ohio)
See docket on RECAP: https://www.courtlistener.com/docket/16137443/ohio-democratic-party-v-larose/
Last updated Aug. 9, 2025, 9:29 p.m.
State / Territory: Ohio
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Aug. 30, 2019
Closing Date: Sept. 3, 2019
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Ohio Democratic Party, a registered political party in Ohio.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Ohio Secretary of State, Frank LaRose, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: not applicable
Issues
Voting: