## Facts

- Ohio counties used different voting technologies in the 2000 general election.
- Most counties used “non-notice” systems (primarily punch-card and some optical-scan) that did not alert voters to overvotes or other ballot-marking errors before casting.
- A minority of counties used “notice” systems that detected errors and allowed voters to correct ballots before submission.
- Record evidence indicated non-notice systems produced higher residual-vote rates (uncounted votes due to overvotes, undervotes, or machine error) than notice systems.
- A class of registered Ohio voters sued the Ohio Secretary of State and county boards of elections, alleging that the differing technologies and resulting error rates denied equal and fair access to having votes counted.
- While the appeal was pending en banc, Ohio replaced the challenged machines and adopted new voting systems statewide, and the parties agreed the dispute had become moot.

## Issues

1. Whether the case became moot during appellate proceedings after Ohio replaced the challenged voting equipment.
2. If moot, what disposition was proper regarding the district court’s judgment and the pending appeal.

## Decision

- The Sixth Circuit sitting en banc concluded the controversy was moot because Ohio abandoned the voting machines at issue and implemented new systems.
- The court vacated the district court’s judgment.
- The court remanded with instructions to dismiss the case as moot.

## Legal Principles

- A case must present a live controversy throughout appellate review; intervening events that eliminate the challenged practice can render the case moot.
- When a civil case becomes moot pending appellate adjudication, the ordinary course is to vacate the judgment below and remand with directions to dismiss.
- Vacatur is commonly used to prevent an unreviewable judgment from having continuing legal consequences when mootness arises from circumstances not attributable to the party seeking appellate review, including unilateral action by the prevailing party below.

## Conclusion

Because Ohio replaced the challenged voting systems while the appeal was pending, the Sixth Circuit en banc held the claims were moot, vacated the district court’s judgment, and remanded with instructions to dismiss, leaving no operative appellate merits ruling.


Stewart v. Blackwell, 473 F.3d 692 (6th Cir. 2007)