Summit County Democratic Central and Executive Committee v. Blackwell

Ohio Rev. Code § 3505.20 allowed for any person voting to be challenged lawfully in the polling place by an elector, 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. The Summit County Democratic Central and Executive Committee (Summit County Democrats) (plaintiff) 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 right to vote. The United States District Court for the Northern District of Ohio granted the Summit County Democrats’ 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 and the State of Ohio intervened and appealed the decision to the United States Court of Appeals for the Sixth Circuit. On appeal, the Summit County Democrats’ case was consolidated with another case filed by Marian and Donald Spencer against Blackwell in which the United States District Court for the Southern District of Ohio granted the Spencers’ motion for injunctive relief and enjoined challengers, other than election judges, from being in polling places on election day.