United States Sixth Circuit

Ohio Secretary of State's emergency motion to stay a Temporary Restraining Order (TRO) restraining enforcement of Advisory 2008-24, which advised county boards of elections that they are not required to allow election observers during the 35-day in-person absentee voting period immediately preceding Election Day, is granted where it was unlikely plaintiffs would succeed on the merits of their Voting Rights Act (VRA) claim, considering the absence of any authority for a successful VRA claim based on similar facts. Also, plaintiffs'-Ohio Republican Party and individual's emergency motion seeking an injunction restraining the Secretary from allowing simultaneous registration and absentee voting, to the extent that ballots cast by newly registered voters are not physically segregated from other ballots, is denied as the lower court never ruled on the issue.

Appellate Information

• Decided 10/01/2008
• Published 10/01/2008

Judges

• Before:  MOORE, GRIFFIN, and BRIGHT, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Donald J. McTigue, Mark A. McGinnis, Columbus, OH, for Amicus Curiae Ohio Democratic Party.


• For Appellees:
  
• William M. Todd, Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, Plaintiffs-Appellees Cross-Appellants., Richard N. Coglianese, Asst. Atty. Gen., Office of the Attorney General, Constitutional Offices Section, Benjamin C. Mizer, Solicitor, Office of the Attorney General, Columbus, OH, for Defendant-Appellant Cross-Appellee.