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A. PHILIP RANDOLPH INSTITUTE v. HUSTED

No. 18-3984.

907 F.3d 913 (2018)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2018.

Attorney(s) appearing for the Case

COUNSEL ON MOTION AND REPLY: Stuart C. Naifeh , Naila Awan , Brenda Wright , DĒMOS, New York, New York, Chiraag Bains , DĒMOS, Washington, D.C., Freda J. Levenson , Elizabeth Bonham , AMERICAN CIVIL LIBERTIES UNION OF OHIO, Cleveland, Ohio, for Appellants. ON RESPONSE: Steven T. Voigt , Heather L. Buchanan , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Joseph A. Vanderhulst , PUBLIC INTEREST LEGAL FOUNDATION, Indianapolis, Indiana, Paul J. Orfanedes , JUDICIAL WATCH, INC., Washington, D.C., for Amici Curiae.

The court delivered a published order. SILER, J. (pp. 923-24), delivered a separate opinion concurring in part and dissenting in part.

ORDER

Plaintiffs filed an Emergency Motion for Injunction Pending Appeal with this Court to enjoin Defendant to instruct Ohio's county boards of elections ("Boards"), first, to count certain provisional ballots that may be cast in the November 6, 2018 federal election in accordance with the "APRI Exception" (discussed below) and, second, not to remove any voter under Ohio's Supplemental Process pending appeal if removal is pursuant to a confirmation notice...

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