CLICK HERE FOR FULL TEXT

OHIO REPUBLICAN PARTY; LARRY WOLPERT,
Plaintiffs-Appellees/
Cross-Appellants,
v.
SECRETARY OF STATE JENNIFER BRUNNER,
Defendant-Appellant/
Cross-Appellee.


Nos. 08-4242/4243/4251

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 08-00913—George C. Smith, District Judge.
Decided and Filed: September 30, 2008
Before: MOORE, GRIFFIN, and BRIGHT, Circuit Judges.

_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Jennifer Brunner, Secretary of State of Ohio (“the Secretary”), brings this emergency motion to stay or vacate the district court’s grant of a Temporary Restraining Order (“TRO”) restraining enforcement of Advisory 2008-24, which advised county boards of elections that they are not required to allow election observers during the 35-day in-person absentee voting period immediately preceding Election Day. The Secretary argues before this court that (1) the district court lacked jurisdiction to issue injunctive relief against state officials on the basis of state law, and (2) the district court abused its discretion in granting the TRO. Plaintiffs-Appellees, the Ohio Republican Party and Larry Wolpert, bring an emergency motion seeking an injunction restraining the Secretary from allowing simultaneous registration and absentee voting to the extent that ballots cast by newly registered voters are not physically segregated from other ballots. For the reasons stated below, we GRANT the Secretary’s emergency motion to stay the district court’s TRO and DENY the plaintiffs’ emergency motion for an injunction.