June 6, 2008

Contact: Timothy Rusch, Demos

Tel: (212) 389-1407 Email: trusch@demos.org

Oral Argument in Lawsuit Against Ohio Secretary of State Jennifer Brunner for Non-enforcement of Federal Voter Registration Law

WHERE: United States Court of Appeals for the Sixth Circuit

540 Potter Stewart U.S. Courthouse

100 East Fifth Street

636 - 6th Floor East Courtroom, 9:00 A.M.

Cincinnati, Ohio 45202

WHEN: June 12, 2008 at 9:00 AM EST

BACKGROUND: Oral Argument before United States Court of Appeals for the Sixth Circuit on appeal of the dismissal of "Harkless, et al. v. Brunner, et al.", a lawsuit originally filed by individual citizens who were not offered the opportunity to register at public assistance agencies and a community membership organization, against the Ohio Secretary of State and the Director of Ohio's Department of Job and Family Services in 2006 (then naming former Secretary of State Kenneth Blackwell as defendant in "Harkless v. Blackwell"). The lawsuit was filed for noncompliance with the National Voter Registration Act of 1993, Section 7, requiring that voter registration opportunities must be offered in public assistance agencies.

The lower court dismissed the case in August 2007 after holding that no state official could be held responsible for the widespread and systematic failure to provide voter registration services at public assistance offices as required by federal law,  and that decision is being appealed. In support of the appeal, the Justice Department's civil rights division submitted a "friend-of-the-court-brief" to the federal appeals court, asserting that both state officials have a clear duty to ensure voter registration opportunities are available and urging the court to reverse the lower court's decision.

Neil Steiner, of Dechert LLP, will be arguing the appeal on behalf of the plaintiffs, individual citizens Carrie Harkless and Tameca Mardis as well as ACORN, a community organization that the lower court determined had no right to bring the lawsuit.  Several voting rights organizations, including Demos: A Network for Ideas & Action, The Lawyers' Committee for Civil Rights Under Law, and Project Vote, have served as co-counsel for the plaintiffs.  

NOTE TO MEDIA: Following the argument, representatives from Demos-senior counsel Lisa Danetz and senior policy analyst Scott Novakowski will be available for comment outside of the courtroom. Members of the press interested in interviews should contact Tim Rusch, Demos, at trusch@demos.org or (212) 389-1407.

For more information on the National Voter Registration Act, including a national report on state NVRA non-compliance, "Unequal Access", and the text of the original 2006 Ohio lawsuit, visit archive.demos.org.

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