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Service Employees International Union Local 1 v. Husted

698 F.3d 341 (2012)

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Service Employees International Union Local 1 v. Husted

United States Court of Appeals for the Sixth Circuit
698 F.3d 341 (2012)

KS

Facts

Ohio election law required that provisional ballots be cast in the correct precinct. An earlier decision by the United States Court of Appeals for the Sixth Circuit affirmed a preliminary injunction requiring ballots cast at the right polling location but for the wrong precinct be counted. The circuit court failed to consider if provisional ballots cast in the wrong polling location and for the wrong precinct must also be counted. The Service Employee International Union Local 1 (SEIU) (plaintiff) filed a renewed motion for a preliminary injunction in district court against Ohio Secretary of State Jon Husted (defendant) to require the counting of wrong-place, wrong-precinct ballots. The district court issued a preliminary injunction requiring Ohio and Husted to count provisional ballots cast in the wrong polling place, also called wrong-place/wrong-precinct ballots. Husted moved for a stay of the preliminary injunction and made an emergency appeal to the United States Court of Appeals for the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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