Posted: October 20, 2008

Two Ohio Supreme Court justices recuse themselves and other developments in the Myhal/Mahal case

Justices Stratton and O'Connor recused themselves from the case of State ex rel. Mahal v. Brunner.  The justices also recused themselves when the court heard State ex rel Colvin v. Brunner last month in which the court allowed same-day registration and voting to go forward during the 5-day overlap window. Judge William H. Wolff Jr., of the Second Appellate District, sat for Justice Lundberg Stratton and Justice Lynn C. Slaby, of the Ninth Appellate District, sat for Justice O’Connor.  Jugde Wolff was the only Democrat on the court for that decision (see news story on the case) and he was one of the 4 judges who sided with Brunner in the 4-3 decision. 

Secretary of State Jennifer Brunner has removed the case to U.S. District Court in Columbus, on the grounds that the complaint against Brunner arises under federal law, namely the Help American Vote Act.  Additionally, the Ohio Supreme Court shortened the timeframe for the case, saying it wants Brunner's response to the case today and all briefs and evidence from both parties by 10 a.m. Wednesday, rather than Friday.