Bell v. Marinko (James G. Carr, N.D. Ohio 3:02-cv-7204)
With a primary election eighteen days away, a voter filed a federal complaint seeking injunctive relief against the county’s hearing a challenge to his voter registration on residency grounds. The district court determined that challenge procedures did not violate the National Voter Registration Act, but there was a probable equal-protection violation by a statutory provision raising a question of residence for spouses not separated and not registered in the same precinct. The court temporarily enjoined application of that statutory provision. After the election, the court heard summary-judgment motions on an amended complaint adding plaintiffs whose residency challenges were successful; the original plaintiff prevailed in his challenge. The district court dismissed the action, and the court of appeals affirmed the dismissal.
Subject: Nullifying registrations. Topics: Registration challenges; equal protection; National Voter Registration Act; primary election.

One of many Case Studies in Emergency Election Litigation.