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HARKLESS v. BRUNNER

Nos. 07-3829, 07-4165.

545 F.3d 445 (2008)

Carrie HARKLESS; Tameca Mardis; Association of Community Organizations for Reform Now, Plaintiffs-Appellants, v. Jennifer BRUNNER, Secretary of State; Helen E. Jones-Kelley, Director of the Department of Job and Family Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 28, 2008.

Attorney(s) appearing for the Case

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.

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

OPINION

SILER, Circuit Judge.

Plaintiffs, Carrie Harkless, Tameca Mardis, and the Association of Community Organizations for Reform Now ("ACORN") (collectively, "plaintiffs"), appeal the dismissal of their suit brought pursuant to the National Voter Registration Act of 1993 ("NVRA"), 42 U.S.C. § 1973gg-5. The suit alleges that the defendants, Jennifer Brunner, Secretary of State for the State of Ohio ("the...

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