Case: Hunter v. Hamilton County Board of Elections

1:16-cv-00962 | U.S. District Court for the Southern District of Ohio

Filed Date: Sept. 27, 2016

Closed Date: Jan. 19, 2017

Clearinghouse coding complete

Case Summary

This case is about a citizen who was convicted of a felony but was not incarcerated trying to register to vote for the 2016 Presidential Election.  On September 27, 2016, the plaintiff filed a lawsuit in the U.S. District Court for the Southern District of Ohio against the Hamilton County Board of Elections, the Ohio Secretary of State, and the Ohio Attorney General. The plaintiff claimed that she was eligible to register to vote even though she was a convicted felon and the county’s denial of …

This case is about a citizen who was convicted of a felony but was not incarcerated trying to register to vote for the 2016 Presidential Election. 

On September 27, 2016, the plaintiff filed a lawsuit in the U.S. District Court for the Southern District of Ohio against the Hamilton County Board of Elections, the Ohio Secretary of State, and the Ohio Attorney General. The plaintiff claimed that she was eligible to register to vote even though she was a convicted felon and the county’s denial of her registration violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. The plaintiff argued that the Ohio election law provided for the restoration of the plaintiff’s rights to vote provided that she was not incarcerated for her felony conviction. Represented by attorneys from the Ohio Justice & Policy Center, the plaintiff sought injunctive relief that allowed her to vote in the 2016 Presidential Election and attorney's fees and costs. The case was originally assigned to Judge Susan J. Dlott and later reassigned to Judge Michael R. Barrett. 

On September 27, 2016, the plaintiff filed a motion for temporary restraining order and/or preliminary injunction that enjoined the defendants from denying the plaintiff her voter registration and the plaintiff requested that the court expedite its briefing schedule because she needed to be registered to vote in the 2016 Presidential Election by October 9, 2016.

On September 30, 2016, the plaintiff filed a notice of voluntary dismissal of the defendant Ohio Attorney General. On the same day, the defendant Ohio Secretary of State filed a motion to dismiss plaintiff’s complaint based on plaintiff’s failure to state a claim for which any relief can be granted against the defendant. 

On October 6, 2016, the court issued an opinion and order that found that temporary injunctive relief was warranted in this case and granted the plaintiff’s motion for temporary restraining order and/or preliminary injunctive relief. The court enjoined the defendant Hamilton County Board of Elections from rejecting the plaintiff’s voter registration.

On January 19, 2017, the court issued an agreed order regarding a stipulated agreement reached by the parties. The court approved the settlement terms, vacated the October 6, 2016 opinion, and dismissed the settled action. The terms of the settlement are unknown to the Clearinghouse at this time. 

This case is now closed.

Summary Authors

Leilani Argersinger (4/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4610180/parties/hunter-v-hamilton-county-board-of-elections/


Judge(s)

Barrett, Michael Ryan (Ohio)

Attorney for Defendant

Judge, Shawn Kincade (Ohio)

Landes, Mark David (Ohio)

Expert/Monitor/Master/Other

Conover, Brodi J. (Ohio)

Koppitch, Nicole M. (Ohio)

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Documents in the Clearinghouse

Document
3

1:16-cv-00962

Motion for TRO and/or Preliminary Injunction

Sept. 27, 2016

Sept. 27, 2016

Pleading / Motion / Brief
2

1:16-cv-00962

Complaint for Injunctive Relief

Sept. 27, 2016

Sept. 27, 2016

Complaint
13

1:16-cv-00962

Notice of Voluntary Dismissal of Ohio Secretary of State Jon Husted

Sept. 30, 2016

Sept. 30, 2016

Pleading / Motion / Brief
11

1:16-cv-00962

Notice of Voluntary Dismissal of Ohio Attorney General Mike Dewine

Sept. 30, 2016

Sept. 30, 2016

Pleading / Motion / Brief
12

1:16-cv-00962

Sec. of State Jon Husted's Combined Memorandum in Opposition of Plaintiff's Motion for TRO and Motion to Dismiss Complaint

Sept. 30, 2016

Sept. 30, 2016

Pleading / Motion / Brief
17

1:16-cv-00962

Stipulation of Dismissal of Secretary of State Jon Husted

Oct. 5, 2016

Oct. 5, 2016

Settlement Agreement
19

1:16-cv-00962

Opinion and Order

Oct. 6, 2016

Oct. 6, 2016

Order/Opinion
22

1:16-cv-00962

Related Case Memorandum

Oct. 12, 2016

Oct. 12, 2016

Order/Opinion
24

1:16-cv-00962

Agreed Order

Jan. 19, 2017

Jan. 19, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4610180/hunter-v-hamilton-county-board-of-elections/

Last updated Aug. 8, 2025, 7:24 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET filed by Tracie M. Hunter. ( Filing fee $ 400 paid - receipt number: 0648-5672016), [ELECTION ISSUE(S) CITED] (Singleton, David) Modified docket text on 9/28/2016 (eh). (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
2

COMPLAINT for Injunctive Relief against All Defendants, filed by Tracie M. Hunter. (Singleton, David) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

Clearinghouse
3

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiff Tracie M. Hunter. Responses due by 10/21/2016 [ELECTION ISSUE(S) CITED] (Attachments: # 1 Exhibit A-SOS Election Official Manual excerpts, # 2 Exhibit B-SOS FAQs Voter Eligibility, # 3 Exhibit C-SOS/DRC Reclaim Your Right to Vote brochure, # 4 Exhibit D-SOS Voter Registration Form, # 5 Exhibit E-SOS Voter Registration Instructions, # 6 Exhibit F-SOS FAQs Elections and Voting, # 7 Exhibit G-ODRC Reentry Resource Manual, # 8 Exhibit H-Federal Ct. Order Granting Emergency Stay) (Singleton, David) (Entered: 09/27/2016)

1 Exhibit A-SOS Election Official Manual excerpts

View on PACER

2 Exhibit B-SOS FAQs Voter Eligibility

View on PACER

3 Exhibit C-SOS/DRC Reclaim Your Right to Vote brochure

View on PACER

4 Exhibit D-SOS Voter Registration Form

View on PACER

5 Exhibit E-SOS Voter Registration Instructions

View on PACER

6 Exhibit F-SOS FAQs Elections and Voting

View on PACER

7 Exhibit G-ODRC Reentry Resource Manual

View on PACER

8 Exhibit H-Federal Ct. Order Granting Emergency Stay

View on PACER

Sept. 27, 2016

Sept. 27, 2016

Clearinghouse
4

NOTICE of Appearance by Nicole M. Koppitch for Defendants Ohio Attorney General, Ohio Secretary of State (Koppitch, Nicole) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER

Docket Annotation

Sept. 28, 2016

Sept. 28, 2016

PACER
5

NOTICE of Appearance by Brodi J. Conover for Defendants Ohio Attorney General, Ohio Secretary of State (Conover, Brodi) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
6

ORDER REASSIGNING CASE. Case reassigned to Judge Michael R. Barrett for all further proceedings. Judge Susan J. Dlott no longer assigned to case. Signed by Judge Susan J. Dlott on 9/28/2016. (jlw) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
7

NOTICE: Please be aware that a status conference pursuant to S.D. Ohio Civ. R. 65.1 is set for 9/30/2016 at 11:00 AM by teleconference before Judge Michael R. Barrett; Plaintiff is responsible for notifying opposing counsel regarding the setting of this matter and the following contact information; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
8

NOTICE of Appearance by Mark David Landes for Defendant Hamilton County Board of Elections (Landes, Mark) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
9

NOTICE of Appearance by Shawn Kincade Judge for Defendant Hamilton County Board of Elections (Judge, Shawn) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
10

NOTICE of Appearance by Holly Elaine Oak for Defendant Hamilton County Board of Elections (Oak, Holly) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER

~Util - Set Motion and R&R Deadlines/Hearings AND Motion Hearing

Sept. 30, 2016

Sept. 30, 2016

PACER
11

NOTICE of Voluntary Dismissal of Defendant Ohio Attorney General Mike DeWine by Plaintiff Tracie M. Hunter (Singleton, David) Modified docket text on 10/3/2016 (eh). (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

Clearinghouse
12

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Opposition to Plaintiff's Motion for Temporary Restraining Order (Doc. 3) by Defendants Ohio Attorney General, Ohio Secretary of State. Responses due by 10/24/2016 (Koppitch, Nicole) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

Clearinghouse
13

NOTICE of Voluntary Dismissal by Plaintiff Tracie M. Hunter (Singleton, David) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

Clearinghouse
14

RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Defendant Hamilton County Board of Elections. (Attachments: # 1 Text of Proposed Order) (Landes, Mark) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
15

RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Defendants Ohio Attorney General, Ohio Secretary of State. (Koppitch, Nicole) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
16

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Plaintiff Tracie M. Hunter. (Singleton, David) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER

~Util - Set Motion and R&R Deadlines/Hearings AND Motion Hearing

Oct. 4, 2016

Oct. 4, 2016

PACER
17

STIPULATION of Dismissal of Ohio Secretary of State Jon Husted by Plaintiff Tracie M. Hunter. (Singleton, David) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

Clearinghouse
18

Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 10/6/2016 re 3 MOTION for Temporary Restraining Order filed by Tracie M. Hunter; Counsel present; arguments heard; order to follow (Court Reporter: Maryann Maffia) (ba) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
19

ORDER granting 3 Motion for TRO filed by Tracie M. Hunter; 3 Motion for Preliminary Injunction set for a hearing 10/14/16 at 11:00 am in Courtroom 109 before the Honorable Michael R. Barrett; Bond to be posted $100.00. Signed by Judge Michael R. Barrett on 10/6/16. (ba) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

Clearinghouse
20

Filing fee: $ 100.00, receipt number 100CIN029633 - per 19 Order. (jee) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
22

RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:16-cv-996 ARE related.. Signed by Judge Michael R. Barrett on 11-12-2016. (jlw) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

Clearinghouse
23

NOTICE by Defendant Hamilton County Board of Elections of Compliance and Request for Status Conference (Attachments: # 1 Exhibit Transcript of 10-11-16 Board Meeting, # 2 Exhibit Draft Minutes of 10-11-16 Board Meeting, # 3 Exhibit Redacted Voter Database Screenshot, # 4 Exhibit Change History Report) (Landes, Mark) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER

Notice of Hearing

Oct. 13, 2016

Oct. 13, 2016

PACER

1 - Terminate Hearings AND Status Conference

Oct. 13, 2016

Oct. 13, 2016

PACER
24

AGREED ORDER dismissing this action as settled. Signed by Judge Michael R. Barrett on 1/18/17. (ba) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 27, 2016

Closing Date: Jan. 19, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Judge Hunter is a citizen of Ohio and resident of Hamilton County. For her unlawful interest in a public contract, she was previously sentenced to six months in the Hamilton County Justice Center and the United States District Court has stayed her sentence during the consideration of her now-pending habeas corpus petition.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hamilton County Board of Elections, County

John Husted, Private Entity/Person

Mike Dewine, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 30000.00

Issues

Voting:

Voter registration rules

Voting: General & Misc.