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Ohio State Conf. of the NAACP v. Husted

United States Court of Appeals, Sixth Circuit

September 12, 2014

OHIO STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE et al., Plaintiffs-Appellees,
v.
JON HUSTED, in his official capacity as Ohio Secretary of State; MIKE DEWINE, in his official capacity as Ohio Attorney General; Defendants-Appellants

Filed September 12, 2014, [*]

Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:14-cv-00404--Peter C. Economus, District Judge.

Before: KEITH, MOORE, and CLAY, Circuit Judges.

OPINION

Page 386

ORDER

KAREN NELSON MOORE, Circuit Judge.

On September 9, 2014, Defendants Ohio Secretary of State Jon Husted and Ohio Attorney General Mike DeWine moved the district court to stay its September 4, 2014 order granting a preliminary injunction (the " Order" ) to Plaintiffs Ohio State Conference of the National Association for the Advancement of Colored People et al. (" NAACP" ) pending resolution of this matter on appeal. Plaintiffs filed a response opposing the motion for a stay on September 10, 2014. The district court denied the motion for a stay on September 10, 2014. R. 82 (Dist. Ct. Order Den. Stay at 4-5) (Page ID #5992-93).

On September 11, 2014, Defendants requested this court to issue an order staying " any immediate commands" of the district court's order granting a preliminary injunction " that could possibly require action before this Court can resolve the appeal." Defs. Mot. for Stay, Mem. in Supp. at 1. Plaintiffs filed a response opposing the motion on September 12, 2014. For the reasons set forth in this Order, we DENY Defendants' motion for a stay of the order pending appeal.

I. BACKGROUND

The district court's September 4, 2014 order granting a preliminary injunction provided as follows:

That the State of Ohio and the Secretary Husted are enjoined from enforcing and implementing SB 238's amendments to § 3509.01 of the Ohio Revised Code reducing the EIP [early in person] voting period from 35 days before an election to the period beginning the day following the close of voter registration;
That, for purposes of the 2014 general election, the EIP voting period shall consist of the 35 days prior to the election as was the case subsequent to SB 238's enactment;
That, for the 2014 general election, Defendant Secretary Husted shall require all Ohio county Boards of Election to set uniform and suitable EIP voting hours, in addition to those currently ...

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