CASE SUMMARY
On September 27, 2021, a coalition of civil and voting rights organizations and Ohio voters filed a petition with the Ohio Supreme Court challenging the Ohio Redistricting Commission’s adopted legislative redistricting plans as violating the Ohio Constitution’s partisan gerrymandering prohibition (Art. XI, § 6(A)) and partisan fairness provision (Art. XI., § 6(B)), which prohibit plans from being drawn “primarily to favor or disfavor a political party” and require the statewide proportion of districts whose voters favor each party to correspond closely with the statewide preferences of Ohio voters, respectively. Plaintiffs also alleged that as partisan gerrymanders, the plans also violated the Ohio Constitution’s Freedom of Speech and Assembly Clauses, as well as the requirement that legislative plans comply with all applicable federal and state constitutional and statutory provisions. They sought a judicial declaration the plans were unconstitutional, an injunction barring the plans from use in future elections, and a court order requiring either the adoption of new, lawful plans or remedial corrections to the adopted plans.
- On December 8, 2021, the Ohio Supreme Court heard consolidated oral arguments for this case, League of Women Voters of Ohio v. Ohio Redistricting Comm’n, and Bennett v. Ohio Redistricting Comm’n.
- On January 12, 2022, the Ohio Supreme Court held, in a 4-3 decision, that the adopted legislative plans violated both the partisan gerrymandering and proportional representation provisions. The Court rejected the defendants’ argument there wasn’t a “manageable” standard for measuring a plan’s “fairness,” stating that § 6(B) required the commission to attempt to draw a plan which achieved close proportionality, which it failed to do here. Similarly, the Court found the commission didn’t attempt to comply with the § 6(A) standard since the plans’ pro-Republican partisan skew was too excessive to be caused by political geography or neutral redistricting criteria. The Court ordered the commission to reform and adopt revised legislative plans within 10 days. The commission submitted its revised plans to the Court on January 22, 2022.
- On February 7, 2022, the Court rejected the Commission’s revised legislative plans, finding they still violated the state constitution’s partisan gerrymandering and partisan fairness provisions. The Court ordered the Commission to reform, adopt entirely new legislative plans, and file them with the Secretary of State by February 17, 2022.
- On February 18, the Commission notified the Court it had reached an impasse and couldn’t adopt new plans by the Court’s deadline. The Court initially asked the Commission to file an explanation by February 23 why it shouldn’t be held in contempt for failing to comply, but the contempt hearing was postponed after the Commission adopted a second set of revised legislative plans on February 24, 2022, and submitted them to the Court.
- On March 16, 2022, the Court rejected the Commission’s second set of revised legislative plans for still violating the same state constitutional provisions. The Court ordered the Commission to reform, adopt a third set of revised legislative plans by March 28, 2022, and file them with the Court by March 29, which the Commission did.
- On April 14, 2022, the Court rejected the Commission’s third revised legislative plans for violating the same state constitutional provisions and ordered the Commission to reform and adopt a fourth set of revised legislative plans by May 6, 2022. On May 5, 2022, the Commission voted to resubmit its third set of revised legislative plans to the Court, which it did the following day.
- On May 25, 2022, the Court again rejected the resubmitted third set of legislative plans for violating the same state constitutional provisions and ordered the Commission to adopt a new plan by June 3, 2022.
- On May 27, 2022, the federal district court overseeing Gonidakis v. Ohio Redistricting Comm’n, a federal lawsuit that had been filed over Ohio’s legislative redistricting deadlock, issued an order requiring the State to implement its February 24-adopted plans for interim use in the 2022 elections only, after which the State would be required to adopt lawful legislative plans.
- On September 29, 2023, the Commission unanimously adopted revised legislative plans and submitted them to the Ohio Supreme Court on October 2, 2023. Plaintiffs, soon after, filed motions requesting they be able to file objections to the new plans, and defendants filed motions to dismiss the lawsuit.
- On November 27, 2023, the Ohio Supreme Court issued an opinion and order denying the plaintiffs’ requests to file objections and granting the defendants’ motion to dismiss the case as moot. The Court explained the Commission’s latest plans were adopted unanimously with bipartisan support and, based on the facts before it, the plaintiffs’ complaints were no longer supported.
Related Cases: League of Women Voters of Ohio v. Ohio Redistricting Commission; Bennett v. Ohio Redistricting Commission
Similar Cases: Adams v. DeWine; League of Women Voters of Ohio v. DeWine
CASE LIBRARY
Ohio Supreme Court - No. 2021-1210 [together with Nos. 2021-1193 & 2021-1198]
- Complaint - 9/27/21
- Relators' Motion for Scheduling Order - 9/27/21
- Order - 9/27/21
- Response to Relators' Motion for Scheduling Order by Respondents DeWine, LaRose and Faber - 9/28/21
- Respondent the Ohio Redistricting Commission's Memorandum in Response to Relators' Motion for Scheduling Order - 9/28/21
- Response of Respondents Matt Huffman, President of the Ohio Senate, and Robert Cupp, Speaker of the Ohio House of Representatives, to Relators' Motion for Scheduling Order - 9/28/21
- Order - 9/29/21
- Relators' Motion to Appoint a Master Commissioner for Resolution of Discovery Disputes - 10/4/21
- Relators' Motion to Compel Expedited Discovery - 10/5/21
- Order - 10/5/21
- Relators' Motion to Compel Expedited Discovery With Amended Meet and Confer Certification - 10/5/21
- Respondents Senator Vernon Sykes' and House Minority Leader Emilia Sykes' Response to Relators' Motion to Compel Expedited Discovery - 10/5/21
- Opposition and Objections of Respondents Huffman and Cupp to Relators' Motion to Compel Expedited Discovery - 10/6/21
- Respondent the Ohio Redistricting Commission's Memorandum in Response to Relators' Motion to Compel Expedited Discovery - 10/6/21
- Respondents Governor Mike DeWine, Secretary of State Frank LaRose and Auditor of State Keith Faber's Omnibus Response to Relators' Request for Expedited Discovery and Motion to Compel - 10/6/21
- Stipulation of Evidence - 10/19/21
- Stipulation of Evidence: Appendix of Exhibits (Vol. I of II) - 10/19/21
- Stipulation of Evidence: Appendix of Exhibits (Vol. II of II) - 10/19/21
- Respondent Senator Vernon Sykes' Answer to Relators' Complaint - 10/20/21
- Written Discovery Responses: Appendix of Exhibits (Vol. I - II) - 10/22/21
- Affidavit of J. Collin Marozzi; Evidence of Relators: Public Records Requests - 10/22/21
- Public Records Requests: Appendix of Exhibits (Vol. I of VI) - 10/22/21
- Public Records Requests: Appendix of Exhibits (Vol. II of VI) - 10/22/21
- Public Records Requests: Appendix of Exhibits (Vol. III of VI) - 10/22/21
- Public Records Requests: Appendix of Exhibits (Vol. IV of VI) - 10/22/21
- Public Records Requests: Appendix of Exhibits (Vol. V of VI) - 10/22/21
- Public Records Requests: Appendix of Exhibits (Vol. VI of VI) - 10/22/21
- Stipulation of Evidence: Deposition Transcripts and Exhibits - 10/22/21
- Stipulation of Evidence: Deposition Transcript and Exhibits (Vol. I - VII) - 10/22/21
- Affidavit of Freda J. Levenson; Evidence of Relators: Documents Produced in Discovery - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. I of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. II of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. III of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. IV of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. V of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. VI of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. VII of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. VIII of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. IX of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. X of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. XI of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. XII of XIII) - 10/22/21
- Documents Produced in Discovery: Appendix of Exhibits (Vol. XIII of XIII) - 10/22/21
- Affidavit of Derek Clinger; Evidence of Relators: Historical Records - 10/22/21
- Historical Records: Appendix of Exhibits - 10/22/21
- Affidavit of Freda J. Levenson; Evidence of Relators: Written Discovery Responses - 10/22/21
- Affidavit of Danielle Stewart: Affidavits of Relators/Witnesses and Expert Affidavit of Michael S. Latner - 10/22/21
- Affidavit of Danielle Stewart: Affidavits of Additional Additional Expert Witnesses - 10/22/21
- Appendix of Exhibits to Affidavit of Danielle Stewart: Affidavits of Additional Expert Witnesses - 10/22/21
- Presentation of Evidence by Respondents Huffman and Cupp - 10/22/21
- Brief of Amicus Curiae the City of Cincinnati in Support of Relators - 10/29/21
- Brief of Amici Curiae the Ohio State Conference of the NAACP in Support of Relators - 10/29/21
- Relators' Merits Brief - 10/29/21
- Motion for Oral Argument of Relators the Ohio Organizing Collaborative, et al. - 10/29/21
- Order - 11/1/21
- Merit Brief of Governor Mike DeWine, Secretary of State Frank LaRose, and Auditor Keith Faber - 11/5/21
- Merit Brief of Respondents Huffman and Cupp - 11/5/21
- Brief of Amicus Curiae Renew Ohio in Support of Respondents - 11/5/21
- Merit Brief of Respondent the Ohio Redistricting Commission - 11/5/21
- Merit Brief of Senator Vernon Sykes and House Minority Leader Emilia Sykes - 11/5/21
- Reply Brief of Relators the Ohio Organizing Collaborative, et al. - 11/10/21
- Notice of Filing of Supplemental Authority by Respondents Huffman and Cupp - 12/1/21
- Order - 12/13/21
- Supplemental Brief of Senator Vernon Sykes and House Minority Leader Emilia Sykes - 12/16/21
- Supplemental Brief of Relators the Ohio Organizing Collaborative, et al. - 12/17/21
- Supplemental Brief of Respondent the Ohio Redistricting Commission - 12/17/21
- Respondents Huffman and Cupp's Brief on the Impact of Article XI, Section 8(C)(1) - 12/17/21
- Supplemental Brief of Governor Mike DeWine, Secretary of State Frank LaRose, and Auditor Keith Faber - 12/17/21
- Order - 12/27/21
- Opinion - 1/12/22
- Objections of Petitioners The Ohio Organizing Collaborative, et al. - 1/25/22
- Order - 1/26/22
- Response of Respondent the Ohio Redistricting Commission to Petitioners' Objections - 1/28/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader Allison Russo to Petitioners' Objections - 1/28/22
- Motion for Limited Intervention by Attorney General & Motion to Convert "Response" to Amici Brief - 1/31/22
- Opposition of Respondents Senator Vernon Sykes and House Minority Leader Allison Russo to Attorney General's Motion to Convert Response by Named Respondents to Amici Brief - 2/2/22
- Order - 2/4/22
- Opinion - 2/7/22
- Notice of Impasse of Respondent the Ohio Redistricting Commission - 2/18/22
- Petitioners' Motion for an Order Directing Respondents to Show Cause Why They Should Not Be Held in Contempt - 2/18/22
- Order - 2/18/22
- Response to Order of February 18 - 2/23/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader Allison Russo to the Court's February 18 Show Cause Order - 2/23/22
- Respondent the Ohio Redistricting Commission's Response to Order to Show Cause - 2/23/22
- Secretary of State Frank LaRose and Auditor Keith Faber's Response to Show Cause - 2/23/22
- Response of Respondent Governor Mike DeWine to Court's Show Cause Order - 2/23/22
- Order - 2/24/22
- Notice of Recusal by Justice DeWine - 2/24/22
- Notice of Dissent by Justice Kennedy - 2/24/22
- Notice of Assignment - 2/24/22
- Notice of Dissent by Justice Fischer - 2/24/22
- Dissenting Opinion by Justice Kennedy - 2/25/22
- Respondent the Ohio Redistricting Commission's Notice of Filing of Adopted General Assembly Plan - 2/25/22
- Order - 2/25/22
- Order - 2/25/22
- Objections and Request for Remedies of Petitioners the Ohio Organizing Collaborative, et al. - 2/28/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader C. Allison Russo to Petitioners' Objections - 3/3/22
- Secretary of State Frank LaRose's Response to Petitioners' Objections - 3/3/22
- Respondents Huffman and Cupp's Response to Petitioners' Objections to the Ohio Redistricting Commission's Third Plan - 3/3/22
- Response of Respondent the Ohio Redistricting Commission to Petitioners' Objections - 3/3/22
- Response of Respondent Governor Mike DeWine to Petitioners' Objection to the Ohio Redistricting Commission's February 24, 2022 Revised Plan - 3/3/22
- Opinion - 3/16/22
- Respondents Sykes and Russo's Motion to Move the Primary Election Date - 3/21/22
- Order - 3/21/22
- Response to Motion to Move the Primary Election Date of Petitioners the Ohio Organizing Collaborative, et al. - 3/23/22
- Respondents Huffman and Cupp's Response to Respondents Russo and Sykes' Motion to Move the Primary Election Date - 3/23/22
- Secretary of State Frank LaRose's Response to Sykes and Russo's Motion to Move the Primary Election Date - 3/23/22
- Order Denying Motion to Move the Primary Election Date - 3/24/22
- Respondent the Ohio Redistricting Commission's Notice of Filing of Adopted General-Assembly Plan - 3/29/22
- Petitioners' the Ohio Organizing Collaborative, et al. Joinder in Renewed Motion for an Order Directing Respondents to Show Cause and Motion to Schedule Contempt Hearing Filed by Petitioners Bria Bennett, et al. - 3/29/22
- Order - 3/30/22
- Objections and Request for Remedies of Petitioners the Ohio Organizing Collaborative, et al. - 4/1/22
- Affidavit of Brian A. Sutherland and Appendix Thereto in Support of Objections and Request for Remedies - 4/1/22
- Ohio Secretary of State Frank LaRose's Response to Petitioners' Motions for an Order Directing Respondents to Show Cause for Why They Should Not Be Held in Contempt of the Court's March 16, 2022 Order - 4/4/22
- Memorandum of Senate President Huffman and House Speaker Cupp in Opposition to Petitioners' Motions for an Order to Show Cause - 4/4/22
- Exhibit A to Memorandum of Senate President Huffman and House Speaker Cupp in Opposition to Petitioners' Motions for an Order to Show Cause - 4/4/22
- Affidavit of Dr. Douglas Johnson - 4/4/22
- Auditor of State Keith Faber's Response to Show Cause - 4/4/22
- Combined Response of Respondent Governor Mike DeWine to Petitioners' Renewed Motion for an Order Directing Respondents to Show Cause and Motion to Schedule Contempt Hearing and Petitioners' Objections to General Assembly District Plan Adopted on March 28, 2022 - 4/4/22
- Appendix of Exhibits in Support of Respondent Governor Mike DeWine's Combined Response (Vol. I of II) - 4/4/22
- Appendix of Exhibits in Support of Respondent Governor Mike DeWine's Combined Response (Vol. II of II) - 4/4/22
- Respondents Huffman and Cupp's Response to Petitioners' Objections - 4/4/22
- Affidavit of Dr. Douglas Johnson and Affidavit of Raymond DiRossi in Support of Respondents Huffman and Cupp's Response to Petitioners' Objections - 4/4/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader C. Allison Russo to Petitioners' Objections - 4/4/22
- Secretary of State Frank LaRose's Response to Petitioners' April 1 Objections - 4/4/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader C. Allison Russo to Petitioners' Motion for Order to Show Cause - 4/4/22
- Senate President Huffman and House Speaker Cupp's Motion for Leave to File a Corrected Memorandum in Opposition to Petitioners' Motions for an Order to Show Cause - 4/6/22
- Order - 4/7/22
- Opinion - 4/14/22
- Order - 4/14/22
- Respondent the Ohio Redistricting Commission's Notice of Resubmission of the February 24, 2022 General Assembly Plan - 5/6/22
- Petitioners the Ohio Organizing Collaborative, et al., Joinder in Petitioners' Objections to the Already-Invalidated February 24, 2022 Plan - 5/6/22
- Brief for Amici Curiae, Center for Competitive Democracy (CCD), Professor Ruth Colker and Professor Mark Brown, in Support of Petitioners' Objections to Ohio Redistricting Commission's May 6, 2022 Filing of General Assembly Plan - 5/6/22
- Respondents McColley and Lare's Response to Petitioners' Objections - 5/9/22
- Respondent the Ohio Redistricting Commission's Response to Petitioners' Objections - 5/9/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader Allison C. Russo to Petitioners' Objections - 5/9/22
- Combined Response of Respondent Governor Mike DeWine to Petitioners' Objections - 5/9/22
- Secretary of State Frank LaRose's Response to All Petitioners' Objections to the Commission's Re-Adoption of the Third Plan on May 5, 2022 - 5/9/22
- Motion of Petitioners the Ohio Organizing Collaborative, et al. for an Order Directing Respondents to Show Cause Why They Should Not Be Held in Contempt - 5/10/22
- Order - 5/10/22
- Auditor of State Keith Faber's Response to Show Cause - 5/12/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader C. Allison Russo to Petitioners' Motion for Order to Show Cause - 5/12/22
- Combined Response of Respondent Governor Mike DeWine to Petitioners' Motion for Order to Show Cause - 5/12/22
- Respondents McColley and Lare's Response to Bennett and OOC Petitioners' Motions for an Order Directing Respondents to Show Cause and LWVO Petitioners' Second Motion for an Order Directing Respondents to Show Cause - 5/12/22
- Ohio Secretary of State Frank LaRose's Combined Response to Petitioners' Motion for an Order Directing Respondents to Show Cause - 5/12/22
- Order - 5/25/22
- Decision and Order - 5/25/22
- OOC Petitioners' Joinder and Motion for an Order Directing Respondents to Appear in Person for a Hearing - 6/8/22
- Auditor of State Keith Faber's Response to Show Cause - 6/17/22
- Ohio Secretary of State Frank LaRose's Combined Response to Petitioners' Motion to Enforce the Court's May 25, 2022 Order and Require Respondents to Explain Their Failure to Comply with Such Order, OOC Petitioners' Joinder and Motion for an Order Directing Respondents to Appeal in Person for a Hearing - 6/17/22
- Response of Respondents Senator Vernon Sykes and House Minority Leader C. Allison Russo to Petitioners' Motions Filed June 7 and 8, 2022 - 6/17/22
- Respondents McColley and LaRe's Joint Response to Petitioners' June 7 and June 8, 2022 Motions - 6/17/22
- Combined Response of Respondent Governor Mike Dewine to Petitioners' Motion for an order Requiring respondents to Explain Their Failure to Comply with the Court's May 25, 2022 Order; Petitioners' Motion to Enforce the Court's May 25, 2022 Order; and OOC Petitioners' Joinder and Motion for an Order Directing Respondents to Appear in Person for a Hearing - 6/17/22
- Respondent the Ohio Redistricting Commission's Response to Petitioners' Show-Cause Motions - 6/17/22
- Order - 6/29/22
- OOC Petitioners' Motion for Scheduling Order - 9/25/23
- Respondents' Response to Petitioners' Motions for Scheduling Order - 9/26/23
- Application of Petitioner Mikayla Lee to Dismiss Her Individual Claims Only - 9/28/23
- Order Denying Motion for Scheduling Order - 9/29/23
- Order - 10/2/23
- Respondent's Notice of Filing of Adopted General Assembly Plan - 10/2/23
- Motion for Leave to File Objections to the September 2023 Plan - 10/5/23
- Response of Respondents [...] to Petitioners' Motions for Leave Filed October 5, 2023 - 10/16/23
- Respondents[...]' Memorandum in Opposition to Motions for Leave to File Objections - 10/16/23
- Respondents[...]' Memorandum in Opposition to Motions for Leave to File Objections - 10/16/23
- Respondents[...]' Corrected Memorandum in Opposition to Motions for Leave to File Objections - 10/16/23
- Motion to Dismiss and Vacate - 10/19/23
- Respondent Secretary of state's Motion to Dismiss and to Vacate - 10/30/23
- Statement of Joinder and Opposition to Motion to Dismiss - 10/30/23
- Opposition to Respondent[...]'s Motion to Dismiss - 11/6/23
- Opinion - 11/27/23
- Order - 11/27/23