Miller v. Blackwell

On October 26, 2004, Amy Miller (plaintiff), along with the Ohio Democratic Party and other individuals, filed a complaint against Ohio Secretary of State J. Kenneth Blackwell and county boards of election, arguing that Blackwell’s intention to hold hearings regarding preelection challenges to Miller’s voter registration and the voter registrations of other individuals violated the National Voter Registration Act and the Due Process Clause and requesting a temporary restraining order (TRO). Miller alleged that the Republican National Committee filed preelection challenges to the eligibility of Miller and approximately 35,000 other Ohio voters. The basis of the challenge was that a nonforwardable mailing sent to Miller and other voters from the Ohio Republican Party was returned. Miller signed an affidavit attesting that Miller is a registered voter residing in the precinct in which she is registered. Additionally, Miller attested that she had not received notice of a hearing regarding the preelection challenge but was aware that the Medina County Board of Elections scheduled such a hearing for Thursday, October 28, 2004, which Miller cannot attend. At a hearing on October 26, 2004, the district court was advised that hearings had been set for various times between Wednesday, October 27, 2004, and Saturday, October 30, 2004.