CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 11/2/2023 1

Voting in a Primary Election at Seventeen 

If Eighteen by the General Election 

Smith v. Husted (George C. Smith, S.D. Ohio 2:16-cv-212) 

A federal complaint challenged a state secretary of state’s advisory 

that a law permitting seventeen-year-olds to vote in a primary election if they will be eighteen by the time of the general election did not 

apply to a presidential primary election because voters in the state’s 

presidential primary election are not voting for a nomination but are 

voting for delegates to a convention. The federal judge abstained 

from a ruling on the merits because of pending state litigation over 

interpretation of the relevant statute. The state court ruled in favor 

of the federal plaintiffs’ position. 

Subject: Voting procedures. Topics: Primary election; matters 

for state courts; laches. 

On March 8, 2016, one week before a presidential primary election, six mothers of minor voters and the Bernie Sanders presidential campaign filed a federal complaint in the Southern District of Ohio challenging “a new interpretation of the Threshold Voter Law [which allows 17-year-olds to vote in primary elections if the voters will be 18 at the time of the general election], stating that, ‘In presidential primary elections, a 17-year-old voter is not permitted 

to vote for presidential delegates, because delegates are elected and not nominated.’”1

 That day, Judge George C. Smith set the case for a conference call on 

March 9.2

At the conference, Judge Smith and the parties agreed that expedited briefing would conclude by March 11 and be followed by a ruling without oral argument.3

 The plaintiffs filed a motion for a temporary restraining order and a 

preliminary injunction on March 10.4

On March 11, Judge Smith decided to abstain from ruling on the injunction motion because of pending litigation on the same question in state court.5

1. Docket Sheet, Smith v. Husted, No. 2:16-cv-212 (S.D. Ohio Mar. 8, 2016) (D.E. 1); Redacted Complaint, id. (Mar. 10, 2016), D.E. 10 (redacting minors’ birthdays); see Ohio Rev. 

Code § 3503.011; see also William T. Perkins, Suits Fight for 17-Year-Old Voters, Columbus 

Dispatch, Mar. 9, 2016, at 1B. 

2. Order, Smith, No. 2:16-cv-212 (S.D. Ohio Mar. 8, 2016), D.E. 3. 

Judge Smith died on April 15, 2020. Federal Judicial Center Biographical Directory of Article III Federal Judges, www.fjc.gov/history/judges. 

3. Order, Smith, No. 2:16-cv-212 (S.D. Ohio Mar. 9, 2016), D.E. 6. 

4. Motion, id. (Mar. 10, 2016), D.E. 8. 

5. Abstention Opinion, id. (Mar. 11, 2016), D.E. 14; see Complaint, Schwerdtfeger v. 

Husted, No. 16-cv-2346 (Ohio Ct. Common Pleas Franklin Cty. Mar. 8, 2016), fcdcfcjs.co. 

franklin.oh.us/CaseInformationOnline/imageLinkProcessor.pdf?coords=vIHVxmLC4Uo1NVdyB 

dD4Ahdmyf%2BSifV9VogpVV7dH%2FaV%2FJ%2B7bZwqiiK9GtM36UnvwUP5zWCuGLt13u3

OUmV9FUw%2B70lKMceUsnTPsDpE3%2FM4MJOZfZWttf73BcInnm7er%2FLb3GrY28QXkY

56yG68vHhzGbvW%2Bql7%2BCuhtJUQGog%3D; see also Lynn Hulsey, Group Sues Ohio Over 

Voting Age, Dayton Daily News, Mar. 9, 2016, at B2; Doug Livingston, Young Voters Denied 
Voting in a Primary Election at Seventeen If Eighteen by the General Election 

2 Federal Judicial Center 11/2/2023 

He rejected the argument by Ohio’s secretary of state that the federal action 

should be barred by laches; the secretary’s argument that the injunction would 

prejudice threshold voters whose presidential primary votes had already been 

rejected was not prejudice against the defendant.

6

 Following relief granted the 

plaintiffs in state court,7

 they voluntarily dismissed their federal case.8

at Primary, Akron Beacon J., Mar. 10, 2016, at A1; Ann Sanner, Judge Hears Dispute Involving 

Ohio’s Youngest Primary Voters, Cincinnati Enquirer, Mar. 11, 2016, at A5. 

6. Abstention Opinion, supra note 5, at 6–9. 

7. Opinion, Schwerdtfeger, No. 16-cv-2346 (Franklin Cty. Ct. Common Pleas Mar. 11, 

2016), fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/imageLinkProcessor.pdf?coords=plUUQ 

yLO8l5cKGXEU6qmzlfA6YzYwEs8XFCJprYNmOMeiCSFEVV%2B4RIAP9nBnXbAY6H4MtFi4 

1tXqM6SehFujxkpPBFxOYwgrG7JA%2FRyOxpZg7Rr48FysmOGy0MfHbmqp3F%2FjaVQ0m0F 

no6GqIlFyhBYkUI9bjXLRuOgrvHNEIc%3D; see William T. Perkins, Judge Oks Vote for Those 

Who Are 17, Columbus Dispatch, Mar. 12, 2016, at 1B. 

8. Notice, Smith, No. 2:16-cv-212 (S.D. Ohio Apr. 29, 2016), D.E. 15.