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COURT OF APPEALS FOR THE SIXTH CIRCUIT
Alison Kareem v. Cuyahoga Cnty. Bd. of Elections


Plaintiff Alison Kareem appeals the district court’s grant of summary judgment to Defendants Ohio Secretary of State Frank LaRose, the Cuyahoga County Board of Elections, and Cuyahoga County Prosecuting Attorney Michael C. O’Malley. Kareem sued Defendants on the grounds that two state election laws, Ohio Rev. Code §§ 3501.35(A)(4) and 3599.20, violated her free speech rights under the First Amendment by prohibiting her from displaying her marked ballot to others. The district court granted Defendants’ motions for summary judgment because it concluded that Kareem lacked Article III standing. For the reasons set forth below, we REVERSE the district court’s order and REMAND for further proceedings in accordance with this opinion.

I. BACKGROUND On October 20, 2020, while voting in the November 2020 general election, Plaintiff Alison Kareem took a photograph with her marked ballot, colloquially referred to as a “ballot selfie.” According to Kareem, she wished to display this photograph online to mobilize support for her preferred candidates. However, she did not display the photograph, nor has she displayed any ballot photographs in su

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