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Northeast Ohio Coalition for the Homeless v. Husted

696 F.3d 580 (2012)

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Northeast Ohio Coalition for the Homeless v. Husted

United States Court of Appeals for the Sixth Circuit
696 F.3d 580 (2012)

KS

Facts

Ohio election law required that provisional ballots be cast in the correct precinct and with a completed voter affirmation. In Ohio, voters from more than one precinct voted at the same polling location. Provisional ballots cast at the right location but for the wrong precinct or with deficient affirmations were immediately disqualified, even if the mistakes were caused by poll-worker error. The Northeast Ohio Coalition for the Homeless (the coalition) (plaintiff) sued Jon Husted (defendant) in his capacity as Ohio secretary of state, arguing that the strict application of Ohio’s law with no exception for poll-worker error violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. In August 2012, the district court issued a preliminary injunction requiring that wrong-precinct and deficient-affirmation ballots be counted unless Ohio could prove that the poll worker provided correct direction to the voter, but the voter refused to comply. Husted appealed the preliminary injunction as it applied to deficient affirmations. The State of Ohio intervened and appealed the preliminary injunction as applied to the votes from the right location but the wrong precinct.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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