Ohio Democrats sued Trump's campaign, as well as Roger Stone and a related group called Stop the Steal, last week, alleging that they were planning to harass voters at the polls. | Getty

Appeals court lifts voter-intimidation injunction against Trump and Stone


A federal appeals court has lifted a district court's order aimed at limiting intimidation of voters casting ballots in Ohio and perhaps elsewhere in the country.

A three-judge panel of the Cincinnati-based 6th Circuit Court of Appeals issued a brief order Sunday morning halting the effect of the injunction U.S. District Court Judge James Gwin imposed Friday at the request of the Ohio Democratic Party.


The appeals court judges did not offer a detailed explanation of why they granted the stay requested by Donald Trump's campaign, but said the Ohio Democrats failed to meet their burden to get the injunction they received.

"We conclude that the Plaintiff did not demonstrate before the district court a likelihood of success on the merits, and that all of the requisite factors weigh in favor of granting the stay," the 6th Circuit panel wrote.

All three appeals court judges who ruled on the stay request, Alice Batchelder, John Rogers and Richard Griffin, are Republican appointees. Gwin is a Democratic appointee.

Democrats could try to get the Supreme Court to restore Gwin's injunction, but that seems like an uphill fight given the current 4-4 partisan split on the high court. Five votes are needed to grant such a stay.

Last week, Ohio Democrats sued the Ohio Republican Party, Trump's campaign, as well as Trump backer Roger Stone and a related group called Stop the Steal, alleging that they were planning to harass voters at the polls.

The Democrats pointed to statements by Trump urging supporters to show up at polling places in "certain areas" and take steps to make sure individuals do not cast multiple votes.

On Friday, the Cleveland-based Gwin issued a broad order prohibiting a variety of activities at or near polling places, such as following or photographing voters or their vehicles or informing them of the penalties for voter fraud.

The judge's order was specifically aimed at the Trump campaign, Stone and Stop the Steal, while Gwin said he was denying the request for a restraining order against the Ohio Republican Party. However, the order he issued barred similar actions at or near polling places by "groups affiliated with the Clinton for Presidency campaign."

Gwin's injunction could also have been read to prohibit some activities by the media and it was unclear whether it was limited to Ohio or had broader geographic sweep.

In a filing with the appeals court, Trump's campaign had called the judge's order an unwarranted intrusion on protected Constitutional rights.

"The order tramples upon core First Amendment freedoms. It imposes vague prohibitions against poorly defined categories of core political activity— talking to voters, giving information to voters, etc.—that guarantee hundreds (if not thousands) of Ohioans will be chilled from participating in our democratic process," Trump campaign attorney Chad Readler wrote. "The order prohibits anyone from having a truthful discussion about voting rules with another voter when the two are heading inside to vote....The untailored list of examples of such activity in the order offers more confusion than clarity."

The Ohio suit is one of at least six similar lawsuits Democrats have filed in the past week, urging judges to combat alleged voter intimidation by Trump and Stone.

Batchelder was appointed by President George H.W. Bush. Rogers and Griffin are appointees of President George W. Bush. Gwin was appointed by President Bill Clinton.

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