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 denied where: 1) the Secretary's interpretation of a section of the Help America Vote Act (HAVA) designed to address fraud was not convincing; 2) the risks of harm to each party and above all the risks of harm to the public supported the TRO; and 3) on the record, there was no basis for punishing plaintiffs for the timing exigencies created by this case. (En banc opinion)

Appellate Information

• Decided 10/14/2008
• Published 10/15/2008

Judges

• Before: BOGGS, Chief Circuit Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel