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Voting in a Primary Election at Seventeen If Eighteen by the General Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
June 14, 2016
Available Online Only

Smith v. Husted (George C. Smith, S.D. Ohio 2:16-cv-212)
A federal complaint challenged the state secretary of state’s advisory that a law permitting 17-year-olds to vote in a primary election if they will be 18 by the time of the general election did not apply to a presidential primary election because voters in the state’s presidential primary election are not voting for a nomination but are voting for delegates to a convention. The federal judge abstained from a ruling on the merits because of pending state litigation over interpretation of the relevant statute. The state court ruled in favor of the federal plaintiffs’ position.
Topics: Primary election; matters for state courts; laches.

One of many Case Studies in Emergency Election Litigation.