Victory for Naturalized Citizens in Ohio

by Jonah Goldman

Judge Boyko of the U.S. Dictrict Court for the Northern District of Ohio found that an Ohio voter challenger law that treats naturalized citizens differently than native-born citizens is unconstitutional.

The plaintiffs for Boustani v. Blackwell, representing more than 20 individuals and organizations, filed their complaint and motion for preliminary injuntion on August 29, 2006, contending that Ohio revised code section 3505.20(A) illegally discriminated against naturalized citizens. Under Ohio law, election officials can challenge voters on the grounds of citizenship. The overruled law required naturalized citizens to provide documentary proof of citizenship but made no such requirement for native-born citizens. This provision would allow for arbitrary, and potentially discriminatory, implementation.

At the October 4 hearing, Secretary of State Blackwell conceded that there was no justification for this distinction between native-born and naturalized citizens. The Court agreed and found that the plaintiffs were not only entitled to a preliminary injunction, but a permanent injunction declaring the law unconstitutional and void.

The plaintiffs were represented by the Lawyers' Committee for Civil Rights Under Law, the ACLU, and the Brennan Center for Justice.

Read the preliminary injunction here.