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No. 16-3561 in the UNITED STATES COURT of APPEALS for THE Case: 16-3561 Document: 46 Filed: 07/11/2016 Page: 1 No. 16-3561 IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT OHIO DEMOCRATIC PARTY; DEMOCRATIC PARTY OF CUYAHOGA On Appeal from the COUNTY; MONTGOMERY COUNTY United States District Court DEMOCRATIC PARTY; JORDAN ISERN; for the Southern District of Ohio CAROL BIEHLE; BRUCE BUTCHER, Eastern Division Plaintiffs-Appellees, District Court Case No. v. 2:15-cv-1802 JON HUSTED, IN HIS OFFICIAL CAPACITY, AS SECRETARY OF STATE OF THE STATE OF OHIO; MIKE DEWINE, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE STATE OF OHIO, Defendants-Appellants. PLAINTIFFS-APPELLEES’ BRIEF Marc E. Elias Joshua L. Kaul Bruce V. Spiva Perkins Coie LLP Elisabeth C. Frost 1 East Main Street, Suite 201 Rhett P. Martin Madison, WI 53703 Amanda R. Callais Telephone: 608. 294.4007 Perkins Coie LLP Facsimile: 608. 663.7499 700 Thirteenth Street, N.W., Suite 600 Washington, D.C. 20005-3960 Donald J. McTigue Telephone: 202.654.6200 J. Corey Colombo Facsimile: 202.654.6211 Derek S. Clinger McTigue & Colombo LLC 545 East Town Street Columbus, OH 43215 Telephone: 614.263.7000 Facsimile: 614.263.7078 Attorneys for Plaintiffs-Appellees Case: 16-3561 Document: 46 Filed: 07/11/2016 Page: 2 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Disclosure of Corporate Affiliations and Financial Interest Sixth Circuit Case Number: 16-3561 Case Name: Ohio Democratic Party, et al. v. Husted Name of counsel: Marc E. Elias Pursuant to 6th Cir. R. 26.1, Ohio Democratic Party Name of Party makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? If Yes, list below the identity of the parent corporation or affiliate and the relationship between it and the named party: No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? If yes, list the identity of such corporation and the nature of the financial interest: No. CERTIFICATE OF SERVICE I certify that on _____________________________________July 11, 2016 the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by placing a true and correct copy in the United States mail, postage prepaid, to their address of record. s/ Marc E. Elias This statement is filed twice: when the appeal is initially opened and later, in the principal briefs, immediately preceding the table of contents. See 6th Cir. R. 26.1 on page 2 of this form. 6CA-1 8/08 Page 1 of 2 Case: 16-3561 Document: 46 Filed: 07/11/2016 Page: 3 6th Cir. R. 26.1 DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST (a) Parties Required to Make Disclosure. With the exception of the United States government or agencies thereof or a state government or agencies or political subdivisions thereof, all parties and amici curiae to a civil or bankruptcy case, agency review proceeding, or original proceedings, and all corporate defendants in a criminal case shall file a corporate affiliate/financial interest disclosure statement. A negative report is required except in the case of individual criminal defendants. (b) Financial Interest to Be Disclosed. (1) Whenever a corporation that is a party to an appeal, or which appears as amicus curiae, is a subsidiary or affiliate of any publicly owned corporation not named in the appeal, counsel for the corporation that is a party or amicus shall advise the clerk in the manner provided by subdivision (c) of this rule of the identity of the parent corporation or affiliate and the relationship between it and the corporation that is a party or amicus to the appeal. A corporation shall be considered an affiliate of a publicly owned corporation for purposes of this rule if it controls, is controlled by, or is under common control with a publicly owned corporation. (2) Whenever, by reason of insurance, a franchise agreement, or indemnity agreement, a publicly owned corporation or its affiliate, not a party to the appeal, nor an amicus, has a substantial financial interest in the outcome of litigation, counsel for the party or amicus whose interest is aligned with that of the publicly owned corporation or its affiliate shall advise the clerk in the manner provided by subdivision (c) of this rule of the identity of the publicly owned corporation and the nature of its or its affiliate's substantial financial interest in the outcome of the litigation. (c) Form and Time of Disclosure. The disclosure statement shall be made on a form provided by the clerk and filed with the brief of a party or amicus or upon filing a motion, response, petition, or answer in this Court, whichever first occurs. 6CA-1 8/08 Page 2 of 2 Case: 16-3561 Document: 46 Filed: 07/11/2016 Page: 4 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Disclosure of Corporate Affiliations and Financial Interest Sixth Circuit Case Number: 16-3561 Case Name: Ohio Democratic Party, et al. v. Husted Name of counsel: Marc E. Elias Pursuant to 6th Cir. R. 26.1, Democratic Party of Cuyahoga County Name of Party makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? If Yes, list below the identity of the parent corporation or affiliate and the relationship between it and the named party: No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? If yes, list the identity of such corporation and the nature of the financial interest: No. CERTIFICATE OF SERVICE I certify that on _____________________________________July 11, 2016 the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by placing a true and correct copy in the United States mail, postage prepaid, to their address of record. s/ Marc E. Elias This statement is filed twice: when the appeal is initially opened and later, in the principal briefs, immediately preceding the table of contents. See 6th Cir. R. 26.1 on page 2 of this form. 6CA-1 8/08 Page 1 of 2 Case: 16-3561 Document: 46 Filed: 07/11/2016 Page: 5 6th Cir. R. 26.1 DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST (a) Parties Required to Make Disclosure. With the exception of the United States government or agencies thereof or a state government or agencies or political subdivisions thereof, all parties and amici curiae to a civil or bankruptcy case, agency review proceeding, or original proceedings, and all corporate defendants in a criminal case shall file a corporate affiliate/financial interest disclosure statement. A negative report is required except in the case of individual criminal defendants. (b) Financial Interest to Be Disclosed. (1) Whenever a corporation that is a party to an appeal, or which appears as amicus curiae, is a subsidiary or affiliate of any publicly owned corporation not named in the appeal, counsel for the corporation that is a party or amicus shall advise the clerk in the manner provided by subdivision (c) of this rule of the identity of the parent corporation or affiliate and the relationship between it and the corporation that is a party or amicus to the appeal. A corporation shall be considered an affiliate of a publicly owned corporation for purposes of this rule if it controls, is controlled by, or is under common control with a publicly owned corporation. (2) Whenever, by reason of insurance, a franchise agreement, or indemnity agreement, a publicly owned corporation or its affiliate, not a party to the appeal, nor an amicus, has a substantial financial interest in the outcome of litigation, counsel for the party or amicus whose interest is aligned with that of the publicly owned corporation or its affiliate shall advise the clerk in the manner provided by subdivision (c) of this rule of the identity of the publicly owned corporation and the nature of its or its affiliate's substantial financial interest in the outcome of the litigation. (c) Form and Time of Disclosure. The disclosure statement shall be made on a form provided by the clerk and filed with the brief of a party or amicus or upon filing a motion, response, petition, or answer in this Court, whichever first occurs. 6CA-1 8/08 Page 2 of 2 Case: 16-3561 Document: 46 Filed: 07/11/2016 Page: 6 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Disclosure of Corporate Affiliations and Financial Interest Sixth Circuit Case Number: 16-3561 Case Name: Ohio Democratic Party, et al. v. Husted Name of counsel: Marc E. Elias Pursuant to 6th Cir. R. 26.1, Montgomery County Democratic Party Name of Party makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? If Yes, list below the identity of the parent corporation or affiliate and the relationship between it and the named party: No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? If yes, list the identity of such corporation and the nature of the financial interest: No. CERTIFICATE OF SERVICE I certify that on _____________________________________July 11, 2016 the foregoing document was served on all parties or their counsel of record through the CM/ECF system if they are registered users or, if they are not, by placing a true and correct copy in the United States mail, postage prepaid, to their address of record.
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