633 ABA Journal articles on Ohio.
Apr 1, 2018 12:45 AM CDT
A former Ohio state attorney general who resigned amid allegations of sexual harassment in office is expressing regret about another issue: his bowing to pressure created by the National…
Mar 5, 2018 11:57 AM CSTa civil case stemming from the violent protests in Charlottesville, Virginia.
Mar 1, 2018 7:00 AM CST
Feb 20, 2018 8:00 AM CST
A lawsuit filed last Friday contends Facebook’s data mining creates a special relationship with its users that includes a duty to warn of disturbing posts that threaten violence.
An Ohio judge is considering whether to award full custody of a transgender teen to his grandparents so he can pursue hormone therapy that is opposed by his parents.
Jan 29, 2018 9:52 AM CST
Eight states described as having “a legitimate and substantial interest in preserving and promoting fetal life” have weighed in on a lawsuit seeking to clear the way for immigrant minors…
Jan 9, 2018 4:02 PM CST
After decades of criticism from defense attorneys and others, Gov. Andrew Cuomo said Wednesday he would push to change New York’s “blindfold law,” which allows prosecutors to withhold evidence against…
Jan 9, 2018 10:13 AM CST
Two Republican lawmakers have called on Attorney General Jeff Sessions to step down over his handling of the investigation into how Russia may have interfered in the 2016 presidential election,…
Jan 4, 2018 4:16 PM CST
Larry Harmon, a software engineer and U.S. Navy veteran from Kent, Ohio, typically has voted in presidential and gubernatorial elections. But starting with the 2010 midterms and continuing into the next two federal elections, he skipped going to the polls.
“In 2012, I was disillusioned with the candidates and the political process, so I decided to abstain from voting, which was my own way of having my voice heard,” Harmon said in court papers. “There’s no option on a ballot for ‘none of the above,’ so I stayed home and expressed my political preference that way.”
Harmon is now at the center of a major U.S. Supreme Court case regarding the methods authorized by federal law for the states to clean up their voter registration rolls.
In Ohio, after a voter fails to participate in an election during a two-year period, which could mean missing just one election, the state sends an address verification notice. If the voter fails to respond, the state eventually removes the voter.
In November 2015, after skipping those prior elections, Harmon arrived at his polling place to vote in an Ohio state election. “I was told that my name was not in the poll book, meaning I was not registered to vote and therefore could not vote in the election,” Harmon said in a court declaration.
“I was very upset,” he added. “My registration was canceled even though I had not moved, and the state had accurate records at their disposal that would have shown the reality: That I still resided at my address.”
Although Ohio had sent Harmon a notice in 2011, he said he never received it. “Because I had voted in prior elections, I believed I was registered to vote in the 2015 election,” Harmon said. “I do not remember ever receiving a notice in the mail asking me to confirm my address or warning me that my voter registration would be canceled if I did not vote.”
The question posed in Husted v. A. Philip Randolph Institute, which is scheduled for argument Jan. 10, is whether Ohio’s process is consistent with the National Voter Registration Act of 1993.
That federal law, also known as the “motor voter law,” made it easier for voters to register at motor vehicle offices and by mail. But the law also contains detailed provisions that encourage the states to maintain “accurate and current” registration rolls and remove the names of ineligible voters—such as those who have died, those who’ve moved or those convicted of a crime.
The NVRA also specifies that the states’ voter-roll maintenance programs “shall not result in the removal of the name of any person … by reason of the person’s failure to vote.”
Congress amended the law in 2002 to make clear that the states could remove a voter who failed to respond to a notice about potential removal and subsequently did not vote in two or more consecutive general elections for federal office.
The Ohio secretary of state’s policy on cleaning up the voter rolls is at issue in this case. The secretary’s office directs county boards of elections to send notices to voters who fail to vote for a two-year period and to remove any such person who does not respond to the notice and doesn’t vote in the subsequent four years.
What this means, according to challengers, is that Ohio’s policy is the harshest in the nation in terms of purging its voter rolls.
“Ohio is the only state that does it based on not voting in a two-year period,” says Dale E. Ho, director of the American Civil Liberties Union’s Voting Rights Project, which along with the public policy group Demos, is representing Harmon and two Ohio nonprofit organizations. “It doesn’t make a lot of sense to assume that most registered voters move every two years.”
Ohio Attorney General Mike DeWine, a Republican, said in a court brief that the twin goals of the NVRA and its amendments were to increase voter registration and to reduce the number of ineligible registered voters.
While the “failure-to-vote” clause of the federal law bars programs that result in removal of a voter for nonvoting, other language in the law—referred to as the “confirmation procedure”—affirmatively requires states to use nonvoting in removal, according to the state’s brief.
“The [Supreme] Court can reconcile these provisions by holding that the failure to respond to a notice under the confirmation procedure breaks the prohibited link between nonvoting and removal under the failure-to-vote clause,” DeWine said in his brief.
Ohio state officials declined an interview request.
Jan 1, 2018 3:15 AM CST
An Ohio lawyer will have to serve a 30-day contempt sentence for refusing to participate in a trial after the state supreme court denied his motion for a stay.
Dec 18, 2017 7:00 AM CST
Dec 1, 2017 1:10 AM CST
Nov 20, 2017 8:25 AM CST
Early last year, two suicidal patients showed up at a hospital emergency room in Pierre, South Dakota, seeking help. Although the incidents happened weeks apart, both patients ended up in…
Sep 25, 2017 7:00 AM CDT
A federal appeals court has tossed a suit by a retired Cleveland-Marshall College of Law professor that contended his $666 pay raise was intended as retaliation for a successful union…
Sep 14, 2017 7:00 AM CDT