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NORTHEAST OHIO COALITION FOR HOMELESS v. BLACKWELL

Nos. 06-4412, 06-4421.

467 F.3d 999 (2006)

NORTHEAST OHIO COALITION FOR the HOMELESS AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1199, Plaintiffs-Appellees, v. J. Kenneth BLACKWELL, Defendant-Appellant (06-4412), State of Ohio, Intervenor-Appellant (06-4421).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2006.

Attorney(s) appearing for the Case

H. Ritchey Hollenbaugh, Carlile, Patchen & Murphy, Columbus, OH, Caroline Gentry, Porter, Wright, Morris & Arthur, Dayton, OH, Subodh Chandra, Cleveland, OH, for Plaintiffs-Appellees.

Richard N. Coglianese, Ohio Attorney General's Office, Constitutional Offices Section, Columbus, OH, for Defendant-Appellant.

McKEAGUE, J. (p. 1012), delivered a separate concurring opinion. TARNOW, D.J. (p. 1013), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-appellant J. Kenneth Blackwell, in his official capacity as the Secretary of State of the State of Ohio (the "Secretary"), moves this court to stay or vacate a temporary restraining order ("TRO") and associated orders to the Secretary and County Boards of Elections that restrain enforcement of certain absentee voter identification provisions under Ohio Rev.Code Ann. §§ 3509.03(E)(1)-(3), 3509...

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