Filed Date: March 8, 2016
Closed Date: April 29, 2016
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363825/parties/smith-v-husted/
Beehler, Jason Hayes (Ohio)
Acosta, Cody James (Ohio)
Andry, Armand L. (Ohio)
Armstrong, Kristopher J (Ohio)
Armstrong, Maria J (Ohio)
See docket on RECAP: https://www.courtlistener.com/docket/4363825/smith-v-husted/
Last updated April 9, 2026, 5:06 a.m.
State / Territory:
Case Type(s):
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
State
Jon Husted (official capacity as secretary of state)
Defendant Type(s):
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:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Source of Relief:
Form of Settlement:
Issues
Voting:
Case Summary of Smith v. Husted, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45040/ (last updated 8/2/2024).