6th Circuit Allows Ohio to Enforce Proof-of-Citizenship Voting Requirement

The 6th Circuit Court of Appeals issued a stay that overturns a preliminary injunction issued by Senior District Judge Solomon Oliver Jr., which had blocked Ohio’s statutory requirement that voters provide documentary proof of citizenship. The majority, composed of Judges John Nalbandian and Whitney Hermandorfer, found that all four stay-factor considerations—likelihood of Ohio prevailing, irreparable harm to the state, potential harm to others, and the public interest—favored Ohio, allowing the rule to be enforced for the midterm election.

The panel also suggested the district judge may have lacked jurisdiction and that the plaintiffs likely lacked standing, noting they had already obtained Ohio driver’s licenses and registered to vote, raising mootness concerns. The court cited the Purcell principle, emphasizing that federal courts should avoid altering state election rules close to an election. Judge Kevin Ritz dissented, contending that Ohio was not likely to succeed on the merits, that the challengers did have standing, and that the stay factors weighed against the state. The decision was supported by briefs from the Honest Elections Project and the Center for Election Confidence, which had asked the appellate court to pause the injunction.