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![handle is hein.congcourts/fjcvch0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Vote Challengers
Spencer v. Blackwell (Susan ]. Dlott, S.D. Ohio
1:04-cv-738) and Summit County Democratic Central
and Executive Committee v. Blackwell
(John R. Adams, N.D. Ohio 5:04-cv-2165)
Federal complaints were filed in both of Ohio's districts late in the
week before the 2004 general election challenging a Ohio statute
that permitted political parties to appoint poll watchers to challenge
persons who may be voting illegitimately. Both judges issued in-
junctions on Sunday, but the court of appeals stayed the injunctions
on Monday.
Subject: Polling place activities. Topics: Registration challenges;
intervention.
In complaints filed in each of Ohio's two federal districts late in the week be-
fore the 2004 general election, plaintiffs challenged an Ohio statute that per-
mitted political parties to appoint poll watchers to challenge persons who
may be voting illegitimately.'
The Southern District complaint was filed on Wednesday, October 272
with motions for a temporary restraining order and a preliminary injunc-
tion.' Defendants were Ohio's secretary of state, Hamilton County election
officials, and the chair of the Hamilton County Republican Party.4 Judge Su-
san J. Dlott held a telephone conference with all parties that same day.'
As luck would have it, this was Judge Dlott's second emergency election
case in two days because she was two cases behind the other Cincinnati judge
in the TRO draw.6 In the other case, Judge Dlott enjoined pre-election wide-
spread challenges to voter registration based on returned mail.'
1. Summit Cty. Democratic Cent. & Exec. Comm. v. Blackwell, 388 F.3d 547, 549 (6th
Cir. 2004).
2. Complaint, Spencer v. Blackwell, No. 1:04-cv-738 (S.D. Ohio Oct. 27, 2004), D.E. 1
[hereinafter Spencer Complaint]; Summit Cty. Democratic Cent. & Exec. Comm., 388 F.3d at
550.
3. Motion, Spencer, No. 1:04-cv-738 (S.D. Ohio Oct. 27, 2004), D.E. 2.
4. Spencer Complaint, supra note 2.
5. Transcript at 6, Spencer, No. 1:04-cv-738 (S.D. Ohio Oct. 28, 2004, filed Nov. 1, 2004),
D.E. 20 [hereinafter Nov. 1, 2004, Spencer Transcript] (noting that Judge Dlott was at the
courthouse until 12:15 the following morning); Order at 1, id. (Nov. 1, 2004), D.E. 19 [here-
inafter Spencer Injunction].
For this report, Tim Reagan interviewed Judge Dlott and her law clerk Sarah Fairweather
by telephone on July 30, 2012.
6. Transcript at 24, Miller v. Blackwell, No. 1:04-cv-735 (S.D. Ohio Oct. 26, 2004), D.E.
18; Interview with Hon. Susan J. Dlott and her law clerk Sarah Fairweather, July 30, 2012; see
Kimball Perry, Judge to Decide Voting Issues, Cincinnati Post, Oct. 30, 2004, at A4.
7. Order, Miller, No. 1:04-cv-735 (S.D. Ohio Oct. 27, 2004), D.E. 11.
Federal Judicial Center 3/7/2018
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