UNITED STA TES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
In Re:
COURT PROCEDURES FOR
ELECTION-RELATED MATTERS
C)
The Court is adopting and promulgating this General Order 20-28 to codify existing
practices regarding the handling of election-related matters. Since at least 2006, the Court has had
in place a standing protocol regarding such matters. The protocol is designed: (I) to avoid, to the
extent practicable, the possibility that a given election official will be subject to two or more
potentially conflicting judicial directives with regard to election-related matters; (2) to minimize
the possibility that parties may seek to use the CM/ECF case-assignment system in an effort to
direct a particular matter to, or away from, a specific Judicial Officer; and (3) to enhance
transparency with regard to case assignments. With a new general election occurring soon, the
Court believes it prudent formally to adopt, through this General Order, that already-existing
protocol, as well as address certain related issues.
Scope of Application: The protocol set forth in this General Order applies to all matters
directed at, or relating to, the 2020 general election, in which both: (I) preliminary injunctive
relief, including but not limited to temporary restraining orders, is sought; and (2) the matter is
filed between the effective date of this Order and the date of the Presidential Inauguration (the
"Relevant Time Period"). This Order refers to such matters as "Election-Related Matters."
Election-Related Matters include, without limitation, matters directed at polling place procedures,
ballot tabulation procedures or methodologies, or voter registration or ballot access issues.
The Court will treat as an Election-Related Matter any matter filed during the Relevant
Time Period in which the filing party has marked the filing in CM/ECF as having election-related
issues. Moreover, as to any matter filed during the Relevant Time Period, and in which any form
of preliminary injunctive relief is sought, the Clerk' s Office will review the matter to determine
whether it involves election-related issues, even if the filing is not marked as election-related on
CM/ECF. If the Clerk's Office determines that a given matter raises election-related issues, the
matter will be designated as an Election-Related Matter for purposes of this General Order.
Finally, as to any matter filed during the Relevant Time Period, and in which any fonn of
preliminary injunctive relief is sought, if the District Judge to whom the matter is assigned
determines that it involves election-related issues, the District Judge shall inform the Clerk's
Office of that fact, and the Clerk's Office will then treat the matter as an Election-Related Matter
for purposes of this General Order.
Protocols for Election-Related Matters: As to any Election-Related Matter, normal
CM/ECF and case management policies and procedures will be modified as follows:
1. Each Election-Related Matter will be originally assigned to a District Judge per the
standard CM/ECF random-assignment process.
2. Upon assignment of an Election-Related Matter, the Clerk's Office will send an
email to all Judicial Officers advising that an Election-Related Matter has been filed, and informing
the Judicial Officers of: (a) the District Judge to whom the matter was assigned (the "Assigned
Judge"); (b) the parties named in the suit; and (c) a brief description of the nature of the claim.
3. A deputy clerk will hand deliver the case-opening documents (e.g., a complaint or
writ), and any associated filings (e.g., a motion for a temporary restraining order), to the Assigned
Judge's Chambers. If chambers personnel are not available to receive the materials, the Clerk's
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Office will immediately contact the Assigned Judge by telephone and email to ascertain the best
mechanism for promptly delivering these filings to the Assigned Judge or the Assigned Judge's
staff.
4. Any Judicial Officer who, based upon the information in the email describing the
Election-Related Matter, believes that a given Election-Related Matter may relate to an earlier-
filed case pending before that Judicial Officer shall contact the Assigned Judge to discuss whether
the later-filed Election-Related Matter is in fact related to the earlier-filed case. For purposes of
this General Order, an earlier-filed case will be deemed "pending" before a Judicial Officer even
if the earlier-filed matter is currently on appeal to the Sixth Circuit Court of Appeals.
5. If the two District Judges concur that the two Election-Related Matters are related
cases, the later-filed matter shall be reassigned from the Assigned Judge to the District Judge
before whom the earlier-filed matter is pending.
6. If the two District Judges concur that the two Election-Related Matters are not
related cases, each matter shall remain pending before the respective District Judge to whom it is
assigned.
7. If the two District Judges disagree regarding whether the two Election-Related
Matters are related, the District Judges shall report the situation to the Chief Judge, who shall
promptly determine whether the two Election-Related Matters are related. The Chief Judge's
determination on that issue shall be final. Ifthe Chief Judge determines that the matters are related,
the matters shall be assigned to the District Judge before whom the earlier-filed matter is pending.
If the Chief Judge determines that the matters are not related, each matter shall remain pending
before the District Judge to whom it was assigned.
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Expiration of this General Order: This General Order shall expire by its own terms at
the end of the Relevant Time Period unless further extended by additional Order of this Court.
Upon expiration of this General Order, the Court shall consider whether to adopt a set of protocols
for future election-related matters by Local Rule.
IT IS SO ORDERED.
DATED: October 9, 2020
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