Obama for America v. Husted
United States Court of Appeals for the Sixth Circuit
697 F.3d 423 (2012)
- Written by Kelly Simon, JD
Facts
After Ohio voters experienced extremely long waiting lines to vote in the 2004 election, the state established no-fault absentee voting. The state’s new rules allowed voters to vote in person at the appropriate board of election office through the Monday before an election. In 2011, a new Ohio law created inconsistent deadlines for early in-person voting, with one statutory section setting the deadline on the Friday before the election and another section maintaining the deadline as the Monday before an election. Subsequent efforts to resolve the inconsistency resulted in two different in-person early voting deadlines for the 2012 general election based on the voter’s military status: (1) military voters could participate in early in-person voting through the Monday before the election, and (2) nonmilitary voters could participate in in-person early voting through the Friday before the election. In July 2012, Obama for America (plaintiff) sued Ohio Secretary of State Jon Husted (defendant). Obama for America argued that Ohio’s bifurcated deadlines for early in-person voting were unconstitutional and sought a preliminary injunction. The district court granted the preliminary injunction. Husted appealed.
Rule of Law
Issue
Holding and Reasoning (Clay, J.)
Concurrence/Dissent (White, J.)
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