Case: 2:18-cv-01376-MHW-CMV Doc #: 12 Filed: 11/06/18 Page: 1 of 3 PAGEID #: 152

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Tommy Ray Mays, II, et a!..
Plaintiffs,

Case No. 2:18-cv-1376

V.

Judge Michael H. Watson

Jon Husted,

Magistrate Judge Vascura

Defendant.
ORDER

On the day of the 2018 midterm elections, Tommy Ray Mays, ii and

Quinton Nelson, Sr. (together, "Named Plaintiffs") filed a Complaint and Motion
for a Temporary Restraining Order ("TRO") on behalf of themselves and ail
others similarly situated requesting emergency access to absentee ballots.

Named Plaintiffs were arrested after the deadline for submitting in-person
requests for absentee ballots and will not be released prior to the close of the
polls such that, under Ohio law, there is no mechanism by which Named

Plaintiffs can exercise their right to vote. The Court held a hearing on the motion.
For the reasons addressed in Plaintiffs' motion and at the TRO hearing,^
the Court finds that Named Plaintiffs have standing to bring this action, that there

is evidence that Named Plaintiffs are eligible to and have the right to vote, and

^The Court notes that Defendant did not challenge the merits of the claim and instead
argued solely that it would be unduly burdensome to grant the requested relief.

 Case: 2:18-cv-01376-MHW-CMV Doc #: 12 Filed: 11/06/18 Page: 2 of 3 PAGEID #: 153

that there is evidence that Named Plaintiffs have no mechanism by which to cast

their vote. Accordingly, the Court finds that Named Plaintiffs are likely to
succeed on the merits of their claim. The risk of irreparable harm is great, as
failure to grant the requested relief would amount to the denial of Named
Plaintiffs' right to vote. Further, the burden on the State to provide ballots to
these two individuals is minimal.

Accordingly, the Court GRANTS the requested relief as it relates to Named
Plaintiffs. The Court ORDERS the following:

•

Defendant shall immediately direct the Montgomery County
Board of Elections ("BOB") to deliver an absentee ballot
application and an absentee ballot, simultaneously, to each
Named Plaintiff at the Montgomery County Jail prior to 5:30
p.m. on Tuesday, November 6, 2018;

•

Defendant shall immediately direct the BOB representative{s)
who deliver(s) the same to wait until both the applications and
ballots are completed and to return the completed
applications and ballots to the BOB before the close of the
polls on Tuesday, November 6, 2018;
Defendant shall present a copy of this Order to the
Montgomery County Sheriff who shall coordinate with the
BOB to effectuate this Court's Order;

Defendant shall immediately direct the BOB to process the
absentee ballot applications and absentee ballots identically
to emergency absentee ballots supplied to voters under Ohio
Revised Code § 3509.08(B).

The Court concludes that it would be impractical, if not logisticaliy
impossible, to grant any class-wide TRO relief this late on Election Day and
DENIES Named Plaintiffs any class-wide TRO relief.

 Case: 2:18-cv-01376-MHW-CMV Doc #: 12 Filed: 11/06/18 Page: 3 of 3 PAGEID #: 154

The Court waives any security for this TRO.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT