Spencer v. Pugh

Ohio Rev. Code § 3505.20 allowed for any person voting to be challenged lawfully by an elector in the polling place, any judge or clerk of election, or any “challenger,” as defined in the statute. A challenger was defined as an elector selected by a political party supporting candidates in the election or a group of five or more candidates to serve as a challenger during the casting of ballots. Marian and Donald Spencer (plaintiffs) filed a complaint against Ohio Secretary of State J. Kenneth Blackwell (defendant) seeking a court order to prevent challengers at voting places from depriving citizens of their rights. The United States District Court for the Southern District of Ohio granted the Spencers’ motion for a temporary restraining order (TRO), prohibiting challengers from being present at a polling place solely to challenge the qualification of voters. Various challengers (including Clara Pugh) (defendants) and the State of Ohio intervened and appealed the decision to the United States Court of Appeals for the Sixth Circuit. On appeal, the Spencers’ case was consolidated with another case filed by the Summit County Democratic Central and Executive Committee in the United States District Court for the Northern District of Ohio. The circuit court stayed the orders of both district courts. The Spencers sought emergency relief from the United States Supreme Court.