A. PHILIP RANDOLPH INSTITUTE v. HUSTED

No. 16-3746.

838 F.3d 699 (2016)

A. PHILIP RANDOLPH INSTITUTE; Northeast Ohio Coalition for the Homeless; Larry Harmon, Plaintiffs-Appellants, v. Jon HUSTED, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 23, 2016.


Attorney(s) appearing for the Case

ARGUED: Stuart C. Naifeh , DĒMOS, New York, New York, for Appellants. Michael J. Hendershot , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Stuart C. Naifeh , Naila Awan , DĒMOS, New York, New York, Freda J. Levenson , Elizabeth Bonham , ACLU OF OHIO, Cleveland, Ohio, Richard Saphire , UNIVERSITY OF DAYTON SCHOOL OF LAW, Dayton, Ohio, Paul Moke , WILMINGTON COLLEGE, Wilmington, Ohio, for Appellants. Michael J. Hendershot , Eric E. Murphy , Steven T. Voigt , Jordan S. Berman , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. Tovah R. Calderon , Vikram Swaruup , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Emmet J. Bondurant , BONDURANT MIXSON & ELMORE LLP, Atlanta, Georgia, Michelle E. Kanter Cohen , PROJECT VOTE, INC., Washington, D.C., Lauren M. Burke , JUDICIAL WATCH, INC., Washington, D.C., for Amici Curiae.

CLAY, J., delivered the opinion of the court in which GIBBONS, J., joined, and SILER, J., joined in part. SILER, J. (pp. 715-17), delivered a separate opinion concurring in part and dissenting in part.


OPINION

The A. Philip Randolph Institute ("APRI"), the Northeast Ohio Coalition for the Homeless ("NEOCH"), and Larry Harmon (collectively "Plaintiffs") filed suit seeking to enjoin the defendant, Ohio Secretary of State Jon Husted ("the Secretary"), from removing the names of registered voters from Ohio's voter rolls...

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