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FAIR ELECTIONS OHIO v. HUSTED

No. 14-4007.

770 F.3d 456 (2014)

FAIR ELECTIONS OHIO; Cure-Ohio; The Amos Project, Plaintiffs-Appellees, v. Jon HUSTED, in his official capacity as Secretary State of Ohio; Mike Dewine, in his official capacity as Attorney General of Ohio, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

October 24, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Ryan L. Richardson , Zachery P. Keller , Sarah E. Pierce , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Patrick M. Quinn , Brunner Quinn, Columbus, Ohio, David A. Singleton , Ngozi V. Ndulue , Pamela H. Thurston , Ohio Justice & Policy Center, Cincinnati, Ohio, for Appellees.

ROGERS, J., delivered the opinion of the court, in which COOK, J., joined. COLE, C.J., (pp. 461-64), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

This case concerns whether an organization conducting voter outreach has standing to challenge the deadline for requesting an absentee ballot, on the theory that this deadline — 6:00 P.M. on the Friday before Election Day — prevents people jailed after the deadline and held through Election Day from exercising their right to vote. In order to sue in federal court, an organizational plaintiff must show a concrete...

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