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Election Litigation

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May 5, 2018
Robert Timothy Reagan

Correll v. Herring (Robert E. Payne, E.D. Va. 3:16-cv-467)
A delegate to a national presidential nominating convention sought an injunction against a state statute that criminalized failure to vote for the state’s primary election winner on the first ballot. The district judge concluded that the statute unconstitutionally infringed on the plaintiff’s right to vote his conscience consistent with party rules.
Subject: Getting on the ballot. Topics: Party procedures; primary election; class action; intervention; laches; attorney fees.

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PDF icon Case Study 3 pages
May 5, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Susan B. Anthony List v. Driehaus (1:10-cv-720) and Coalition Opposed to Additional Spending & Taxes v. Ohio Elections Commission (1:10-cv-754) (Timothy S. Black and Susan J. Dlott, S.D. Ohio)

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PDF icon Case Study 5 pages
May 4, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Perry v. Judd (3:11-cv-856) and Shuttleworth v. Moran (3:12-cv-257) (John A. Gibney, Jr., E.D. Va.)

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PDF icon Case Study 4 pages
April 3, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Summers v. Smart (John J. Tharp, Jr., and John Robert Blakey, N.D. Ill. 1:14-cv-5398) and Tripp v. Smart (Michael J. Reagan, S.D. Ill. 3:14-cv-890)

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PDF icon Case Study 3 pages
March 29, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Northeast Ohio Coalition for the Homeless v. Brunner (Gregory L. Frost and Algenon L. Marbley, S.D. Ohio 2:06-cv-896)

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PDF icon Case Study 6 pages
March 7, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Spencer v. Blackwell (Susan J. Dlott, S.D. Ohio 1:04-cv-738) and Summit County Democratic Central and Executive Committee v. Blackwell (John R. Adams, N.D. Ohio 5:04-cv-2165)
Federal complaints were filed in both of Ohio’s districts late in the week before the 2004 general election challenging an Ohio statute that permitted political parties to appoint poll watchers to challenge persons who may be voting illegitimately. Both judges issued injunctions on Sunday, but the court of appeals stayed the injunctions on Monday.

Downloadable file:
PDF icon Case Study 5 pages
February 7, 2018
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

City of Greensboro v. Guilford County Board of Elections (Catherine C. Eagles, M.D.N.C. 1:15-cv-559)

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PDF icon Case Study 4 pages
December 8, 2017
Robert Timothy Reagan

Daly v. Tennant (Robert C. Chambers, S.D. W. Va. 3:16-cv-8981)
A state’s secretary of state interpreted a state supreme court’s opinion to retroactively apply an early ballot qualification deadline for independent and unrecognized-party candidates. Two candidates disqualified by the ruling filed a federal complaint, and the district judge granted the candidates a preliminary injunction against the ruling. The plaintiffs were awarded $34,234.81 in attorney fees and costs.

Downloadable file:
PDF icon Case Study 2 pages
November 14, 2017
Robert Timothy Reagan

Ramsden v. Husted (Benita Y. Pearson, N.D. Ohio 4:16-cv-641)
After the polls closed, a hospitalized voter filed a federal complaint alleging that election authorities improperly refused to provide the voter with an absentee ballot on election day. The judge determined that the voter’s application was defective and denied the voter relief.
Subject: Absentee and early voting. Topics: Absentee ballots; primary election; provisional ballots.

Downloadable file:
PDF icon Case Study 1 page
October 2, 2017
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

Tomasik v. Goins (William J. Haynes, Jr., M.D. Tenn. 3:13-cv-1118)
A federal complaint filed on October 9, 2013, alleged that ballot access rules were so onerous that the Libertarian Party was unable to qualify for a November 21 special election for a state house seat. After an October 31 hearing, the district judge granted the plaintiffs relief, based in part on his rulings in previous related cases. He awarded the plaintiffs $26,091 in attorney fees and costs.

Downloadable file:
PDF icon Case Study 6 pages

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