Last Updated: September 10, 2010 at 1:40 PM

ACLU of Ohio v. Brunner

Case Information

Date Filed / Ended: January 17, 2008 / April 4, 2008
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-00145)

Issue:

Whether the Ohio Secretary of State can force Cuyahoga County to switch from touch-screen voting machines to paper ballots for the March 4 primary election (disclosure).

Status:

Complaint filed 1/17/08. Motion for Preliminary Injunction filed 1/28/08. Preliminary Injunction denied on 2/5/08.

District Court Documents

• Complaint (filed 1/17/08)
• Motion for preliminary injunction (filed 1/28/08)
  • Brief in Support
  • Appendix A, B, C, D, E, F, G, H
• First Motion to quash Subpoena issued to Matt Damschroder, Director-Franklin County Board of Elections (filed 2/2/08)
  • Exhibits 1, 2, 3, 4
• Opposition to First Motion to quash Subpoena issued to Matt Damschroder, Director-Franklin County Board of Elections (filed 2/4/08)
  • Exhibit
• Opposition to Motion for preliminary injunction filed by Jennifer Brunner (filed 2/4/08)
  • Exhibits 1, 2, 3, 4, 5
• Opposition to Motion for preliminary injunction filed by Cuyahoga County Board of County Commissioners (filed 2/4/08)
  • Exhibits 1, 2
  • Exhibits A, B-1, B-2, C, D, E, F, G, H, J, K, L, M, N, O, P
• Amicus Motion for leave to File Amicus Curiae Brief Opposing the American Civil Liberties Union of Ohio, Inc.'s ("ACLU") Motion for Preliminary Injunction (filed 2/4/08)
• Amicus Brief in Opposition to the American Civil Liberties Union of Ohio, et al.'s Motion for a Preliminary Injunction filed by Cleveland Branch NAACP (filed 2/4/08)
  • Exhibit
• Order: Mr. Damschroder is ORDERED to make himself available to testify by telephone at the Preliminary Injunction Hearing on 2/5/2008 (entered 2/4/08)
• Minutes of proceedings (w/ Exhibit & Witness List) Preliminary Injunction Hearing held on 2/5/2008 before Judge Kathleen M. O'Malley. For the reasons set forth on the record, Motion for preliminary injunction was DENIED. (entered 2/6/08)
• Motion for extension of time until March 6, 2008 to answer filed by Cuyahoga County Board of County Commissioners (filed 2/7/08)
• Motion to withdraw document and to Withdraw as Amicus Counsel (filed 2/7/08)
• Order. The Court enters this Order to clarify that the parties agree that the Court's 2/5/2008 denial of injunctive relief applies equally to the 3/4/2008 Presidential Primary election in Cuyahoga County and the Special Primary election to be held 3/18/2008 for the open counsel seat in Ward 6 of the City of Cleveland (filed 2/7/08)
• Amended complaint against all defendants (filed 2/20/08)
• Case Management Plan. Conference held on 2/21/2008. Case is assigned to expedited track. Case is not suitable for ADR. Parties do not consent to jurisdiction of Magistrate Judge. Non-expert Discovery due by 6/15/2008. Expert reports due by 4/15/2008 and 6/1/2008. Expert Discovery due by 6/15/2008. Parties to be Joined and Pleading Amendments due by 3/15/2008. Trial briefs due by 7/1/2008. (entered 2/21/08)
• Trial Order. Bench Trial set for 7/10-11/2008 09:30 AM and Final Pretrial Conference set for 7/3/2008 01:00 PM in Courtroom 16A (entered 2/21/08)
• Status Report Regarding Mootness (filed 3/12/08)
• Letter Concerning the use of "non notice" voting technology for November 2008 (filed 3/19/08)
• Notice of Resolution Adopted by the Cuyahoga County Board of Elections (filed 3/21/08)
  • Resolution
• Motion to dismiss without prejudice (filed 4/2/08)
• Order granting Plaintiffs' Motion to dismiss without prejudice (filed 4/4/08)

Related Links

• Judge backs state officials in voting dispute, Columbus Dispatch, 2/5/08
• ACLU seeks to block paper voting system in Cuyahoga County, Toledo Blade, 1/28/08
• ACLU sues to block switch to paper ballots, Columbus Dispatch Politics, 1/17/08