Posted: October 17, 2008
Ohio SoS asks U.S. Supreme Court to void TRO
In Ohio Republican Party v. Brunner, the Secretary of State asks the U.S. Supreme Court to overturn the en banc appeals court decision, which reinstated the district court’s order requiring her to supply county election boards with lists of “mismatches” from database-checking of voter registrations. The Secretary’s arguments are: (1) the Help America Vote Act’s database-checking rules create no “private right of action,” meaning that only the U.S. Department of Justice, and not individual citizens, may go to court to claim a violation of them; (2) the Republicans’ challenge to the Secretary’s procedures was raised for the first time too close to Election Day; and (3) efforts to comply with the district court’s order threaten “monumentual” disruption of the electoral process, with a deterrent effect on “legitimate” voters. DISCLOSURE
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Commentary
Silence of the Lambs
Dale A. Oesterle
With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.
The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.
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