United States Sixth Circuit

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Harkless v. Brunner, 07-3829, 07-4165

In an action brought by the voter-registration organization ACORN and two Ohio citizens alleging defendants-Ohio's Secretary of State and agency director failed to comply with Section 7 of the National Voter Registration Act (NVRA), dismissal of the suit is reversed where: 1) contrary to the ruling below, both defendants were proper parties to the suit under applicable laws; and 2) the district court should have permitted plaintiffs' motion to amend, which has the effect of curing any purported deficiency in ACORN's argument in favor of standing.

Appellate Information

  • Decided 10/28/2008
  • Published 10/28/2008

Judges

  • Before:  SILER and COLE, Circuit Judges;  CLELAND, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Neil A. Steiner, Dechert, New York, New York, for Appellants.  Henry G. Appel, Michael D. Meuti, Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.   ON BRIEF:  Neil A. Steiner, Robert W. Topp, DECHERT, New York, New York, Lisa J. Danetz, Brenda Wright, Demos:  A Network for Ideas & Action, Brighton, Massachusetts, Jon M. Greenbaum, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., for Appellants.  Henry G. Appel, Michael D. Meuti, William P. Marshall, Richard N. Coglianese, Damian Sikora, Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.  Dirk C. Phillips, United States Department of Justice, Washington, D.C., for Amicus Curiae.