Election Law @ Moritz

Election Law Litigation

King Lincoln Bronzeville Neighborhood Association v. Blackwell

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(page last updated September 5, 2008 at 2:24 PM)

Case Information

Current Court: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00745-ALM-TPK)
All Courts: U.S. District Court for the Southern District of Ohio (Case 2:06-cv-00745-ALM-TPK)
Topic(s): Improper Election Administration
State: Ohio
Date Filed: August 31, 2006

Issue:

Whether the rights, privileges, and immunities guaranteed to Plaintiffs by the Civil Rights Act, and the First, Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution have been violated by the past and ongoing conduct of Secretary of State J. Kenneth Blackwell in connection with past elections in Ohio.

Status:

Order issued directing County Board of Elections to preserve all ballots from the 2004 Election. Answer filed 10/25/06. Motion for TRO filed 11/3/06. Opposition to TRO filed 11/6/06. Motion to dismiss as moot pending. Proceedings stayed until 4/9/07 to allow settlement negotiation. Stay extended to 9/21/07.  Intervenor Plaintiffs, OEJC, called for criminal contempt proceedings against defendants on 7/7/08.

Summary

Individual voters and three voters' rights groups sued Ohio Secretary of State Kenneth Blackwell alleging that Blackwell allocated election resources in a racially discriminatory manner and instituted racially discriminatory procedures for provisional voting, purging voters from the statewide voter registration database, and maintaining the chain of custody of ballots. The complaint alleged that these actions led to the dilution and/or cancellation of plaintiffs' vote due to ballot cancellation and tampering, long poll lines, mechanical difficulties with voting machines, and unclear precinct boundaries. The complaint claims that plaintiffs reasonably fear these problems will recur in the November, 2006, election, and asks the court to appoint a special master to perform Blackwell's election administration duties in that election.

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