This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021. Last week, in Memphis A. Philip Randolph Institute v. Hargett, the Sixth Circuit considered the application of the factors for a stay pending appeal of … Continue Reading
Ohioans have four ways to cast a ballot in this (currently underway) Presidential election: (1) vote in person on election day, (2) vote in person at some point in the four weeks leading up to election day, (3) mail in an absentee ballot; or (4) drop off an absentee ballot at a drop box. Given … Continue Reading
Last week, in Susan B. Anthony List v. Driehaus, the Sixth Circuit applied United States v. Alvarez to strike down Ohio’s political false-statements laws. The provisions in question prohibited knowingly or recklessly making false statements with the intent of affecting the outcome of an election. The statute specifically identified certain types of false statements as … Continue Reading
In a published decision on Wednesday, the Sixth Circuit affirmed an Ohio district court’s denial of a preliminary injunction against the state’s Judicial Code of Conduct in Ohio’s upcoming Supreme Court elections. Joseph Platt, a former Ohio Supreme Court candidate, sought an injunction against the Code’s prohibition on his openly endorsing other candidates, personally and … Continue Reading
With the coming political season soon upon us, the Sixth Circuit has struck down an Ohio statute that criminalized the acceptance by state Attorney-General or county-prosecutor candidates of campaign contributions from Medicaid providers or persons with an ownership interest in a Medicaid provider. See Lavin v. Husted (6th Cir., Case No. 11-3908, Aug. 3, 2012) … Continue Reading
On March 13, 2012, the Attorney General of Tennessee, acting on behalf of the State’s Secretary of State and Coordinator of Elections, appealed to the Sixth Circuit in an election dispute underway in the U.S. District Court for the Middle District of Tennessee. See Green Party of Tennessee, et al. v. Hargett (M.D. Tenn. Case … Continue Reading
As this blog has reported, in July 2010, the Sixth Circuit struck as unconstitutional two Kentucky regulations governing judicial elections. In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and also a different regulation prohibiting … Continue Reading
As reported previously in this blog, the U.S. Court of Appeals for the Sixth Circuit recently struck as unconstitutional two Kentucky regulations governing judicial elections. In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and … Continue Reading
