Case: Smith v. Husted

2:16-cv-00212 | U.S. District Court for the Southern District of Ohio

Filed Date: March 8, 2016

Closed Date: April 29, 2016

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Case Summary

March 8, 2016, 17 year old minors, their parents, and Bernie Inc. (collectively "the plaintiffs") sued the Ohio Secretary of State on the grounds that certain minors aged 17 were not permitted to vote in a primary, as they were aged 17 on primary election day, despite turning 18 before the general election day. The Ohio Revised Code provides pursuant to the Threshold Voter Law that a 17-year-old who will be 18 by the time of the next general election may vote in a ‘primary election’. The Thresh…

March 8, 2016, 17 year old minors, their parents, and Bernie Inc. (collectively "the plaintiffs") sued the Ohio Secretary of State on the grounds that certain minors aged 17 were not permitted to vote in a primary, as they were aged 17 on primary election day, despite turning 18 before the general election day. The Ohio Revised Code provides pursuant to the Threshold Voter Law that a 17-year-old who will be 18 by the time of the next general election may vote in a ‘primary election’. The Threshold Voter Law does not distinguish between primarily elections in which candidates are nominated directly and primary election in which candidates are nominated indirectly.  

Prior to the lawsuit, in 2015, the Defendant published a revised 2015 Election Official Manual in which it stated that in presidential primary elections, a 17-year-old is not permitted to vote for presidential delegates, because delegates are elected and not nominated. 

In response to the claim, the Defendant asserted that the Court should abstain from exercising jurisdiction over the case as a similar group of 17-year-olds filed a similar case in the Franklin Country Common Pleas Court, Schwerdtfeger, et al. v. Husted, Franklin C.P. No. 16-cv-2346, challenging the election manual.

On March 11, 2016, the court decided that it would abstain from a decision and stayed the matter pending resolution of the abovementioned case.

Just over a month later, on April 29, 2016, the Plaintiffs submitted a notice of voluntary dismissal as the Franklin Country Common Pleas Court ordered that eligible 17-year-olds be permitted to vote in the 15 March 2016 presidential primary, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). 

Summary Authors

(8/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363825/parties/smith-v-husted/


Judge(s)
Attorney for Plaintiff

Beehler, Jason Hayes (Ohio)

Attorney for Defendant

Acosta, Cody James (Ohio)

Andry, Armand L. (Ohio)

Armstrong, Kristopher J (Ohio)

Armstrong, Maria J (Ohio)

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Documents in the Clearinghouse

Document
1

2:16-cv-00212

Complaint for Injunctive and Declaratory Relief

Smith v Husted

March 8, 2016

March 8, 2016

Complaint
8

2:16-cv-00212

Plaintiff's Motion For Temporary Restraining Order and Preliminary Injunction

March 10, 2016

March 10, 2016

Pleading / Motion / Brief
14

2:16-cv-00212

Opinion and Order

March 11, 2016

March 11, 2016

Order/Opinion
15

2:16-cv-00212

Notice of Voluntary Dismissal

April 29, 2016

April 29, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363825/smith-v-husted/

Last updated Oct. 23, 2025, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jon Husted ( Filing fee $ 400 paid - receipt number: 0648-5414586), filed by Renee Boyle, Bernie 2016, Inc., Randy Smith, Graham Roper Ball, Joyce Roper, Sadigoh Galloway, Dallas Schubert, Melody Wolfe. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Exhibit 1 - Vote at 17 Bookmarks, # 2 Exhibit 2 - 2016 Primary Ballots, # 3 Exhibit 3 - Cuyahoga County Ballot, # 4 Exhibit 4 - Franklin County Ballot, # 5 Exhibit 5 - Hamilton County Ballot, # 6 Exhibit 6 - Lake County Ballot, # 7 Exhibit 7 - PEO Instructions, # 8 Civil Cover Sheet, # 9 Summons Form) (Cohen, Robert) (Entered: 03/08/2016)

1 Exhibit 1 - Vote at 17 Bookmarks

View on PACER

2 Exhibit 2 - 2016 Primary Ballots

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3 Exhibit 3 - Cuyahoga County Ballot

View on PACER

4 Exhibit 4 - Franklin County Ballot

View on PACER

5 Exhibit 5 - Hamilton County Ballot

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6 Exhibit 6 - Lake County Ballot

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7 Exhibit 7 - PEO Instructions

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8 Civil Cover Sheet

View on PACER

9 Summons Form

View on PACER

March 8, 2016

March 8, 2016

Clearinghouse
2

Summons Issued as to Jon Husted. (er) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

3

SCHEDULING ORDER: Informal Preliminary Conference set for 3/9/2016 11:00 AM via telephone before Judge George C. Smith. Signed by Judge George C. Smith on 3/8/16. (sem) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

4

NOTICE of Appearance by Chad A Readler for Defendant Jon Husted (Readler, Chad) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

5

Minute Entry for proceedings held before Judge George C. Smith: Scheduling Conference held on 3/9/2016 via phone conference. Order to follow (lvw) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

6

SCHEDULING ORDER: Plaintiffs' Motion due: 3/10/16 at 10:00 am, Defendant's Response due: 3/11/16 at 10:00 am and Plaintiff's Reply due: 3/11/16 at 12:00 pm. Signed by Judge George C. Smith on 3/9/16. (lvw) Modified on 3/9/2016 (smr). (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

Scheduling Conference

March 9, 2016

March 9, 2016

10

REDACTION to 1 Complaint,, Redacted Complaint by Plaintiffs Bernie 2016, Inc., Renee Boyle, Sadigoh Galloway, Joyce Roper, Dallas Schubert, Randy Smith, Melody Wolfe. (Cohen, Robert) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

11

SUMMONS Returned Executed as to Defendant Jon Husted. Jon Husted served on 3/8/2016, answer due 3/29/2016. (Cohen, Robert) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

7

Corporate Disclosure Statement by Plaintiff Bernie 2016, Inc.. (Cohen, Robert) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

8

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Bernie 2016, Inc., Renee Boyle, Sadigoh Galloway, Joyce Roper, Dallas Schubert, Randy Smith, Melody Wolfe. Responses due by 4/4/2016 [ELECTION ISSUE(S) CITED] (Cohen, Robert) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

Clearinghouse
9

NOTICE of Filing of Exhibits in Support of 8 Motion for Temporary Restraining Order by Plaintiffs Bernie 2016, Inc., Renee Boyle, Sadigoh Galloway, Joyce Roper, Dallas Schubert, Randy Smith, Melody Wolfe re 8 MOTION for Temporary Restraining Order and Preliminary Injunction of Filing Exhibits (Attachments: # 1 Affidavit of Donald McTigue, # 2 Affidavit of Antoinette Williams, # 3 Affidavit of Benjamin Liebowitz, # 4 Exhibit - Declaration of Jason Beehler, # 5 Exhibit - Beehler Declaration Exhibit 1, # 6 Exhibit - Beehler Declaration Exhibit 2, # 7 Exhibit - Beehler Declaration Exhibit 3, # 8 Exhibit - Beehler Declaration Exhibit 4, # 9 Exhibit - Beehler Declaration Exhibit 5, # 10 Exhibit - Beehler Declaration Exhibit 6, # 11 Exhibit - Beehler Declaration Exhibit 7, # 12 Exhibit - Beehler Declaration Exhibit 8, # 13 Exhibit - Beehler Declaration Exhibit 9, # 14 Exhibit - Beehler Declaration Exhibit 10, # 15 Exhibit - Beehler Declaration Exhibit 11, # 16 Exhibit - Beehler Declaration Exhibit 12, # 17 Exhibit - Beehler Declaration Exhibit 13, # 18 Exhibit - Beehler Declaration Exhibit 14, # 19 Exhibit - Declaration of Kyle Boyle, # 20 Exhibit - Declaration of Carver Wolfe, # 21 Exhibit - Declaration of Zephaniah Galloway, # 22 Exhibit - Declaration of Emma Schubert, # 23 Exhibit - Declaration of Graham Roper Ball) (Cohen, Robert) Modified on 3/10/2016 (lvw)to add text to document. (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

12

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM And Combined Memorandum in Support of Defendant's Motion to Dismiss Plaintiffs' Complaint, and in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Defendant Jon Husted. Responses due by 4/4/2016 (Attachments: # 1 Exhibit First Affidavit of Matthew M. Damschroder, # 2 Exhibit Attachments to First Affidavit of Matthew M. Damschroder, # 3 Exhibit Second Affidavit of Matthew M. Damschroder, # 4 Exhibit Affidavit of Karla Herron, # 5 Exhibit Affidavit of Steve Harsman, # 6 Exhibit Affidavit of William F. Shubat, # 7 Exhibit Affidavit of Keith Cunningham) (Readler, Chad) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

13

REPLY to 12 Response to 8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Bernie 2016, Inc., Renee Boyle, Sadigoh Galloway, Joyce Roper, Dallas Schubert, Randy Smith & Melody Wolfe. (Cohen, Robert) Modified text and added link on 3/11/2016 (er). (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

14

ORDER - re 12 Motion to Dismiss for Failure to State a Claim, filed by Jon Husted, 8 Motion for TRO, filed by Sadigoh Galloway, Dallas Schubert, Renee Boyle, Bernie 2016, Inc., Joyce Roper, Melody Wolfe and Randy Smith. The Court ABSTAINS from a decision on Plaintiffs' motion and STAYS this matter pending the resolution of the state court questions currently under consideration in Franklin C.P. Case No.16-cv-2346. Signed by Judge George C. Smith on 3/11/16. (lvw) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

Clearinghouse
15

NOTICE of Voluntary Dismissal by Plaintiffs Bernie 2016, Inc., Renee Boyle, Sadigoh Galloway, Joyce Roper, Dallas Schubert, Randy Smith, Melody Wolfe (Cohen, Robert) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

Clearinghouse

Case Details

State / Territory:

Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: March 8, 2016

Closing Date: April 29, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minority voters (17 year old minors) and Bernie Inc.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jon Husted (official capacity as secretary of state), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Other Dockets:

Southern District of Ohio 2:16-cv-00212

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Mixed

Relief Granted:

None

Source of Relief:

None

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voter registration rules

Voting: General & Misc.