1. Help
2. Campus map
3. Find people
4. Webmail
5. Search Ohio State

• About
  EL@M
  • About Us
  • Experts by Topic
• Faculty
  • Edward B. "Ned" Foley
  • Daniel P. Tokaji
  • Terri L. Enns
  • Steven F. Huefner
  • Donald B. Tobin
  • EL@M Fellows
  • EL@M Staff
  • Experts by Topic
• Election Law
  Litigation
  • Major Pending Cases
  • Archived Cases
• Current
  Features
  • 2008 Primary Post-Election Timeline
  • Voting Machine Issues Nationwide (2008)
  • From Registration to Recounts (Book)
  • Voter ID Litigation Nationwide
  • Major Election Law Reports
  • Equal Vote
  • Free & Fair
  • Weekly Teleconference
  • Featured Comments
• Archived
  Features
  • 50 Questions for 5 Key States
  • 2006 Election Overview
  • 2006 Recount Roundup
  • 2006 Ohio Primary Problems
  • 2006 Voting Technology Nationwide
  • 2006 Election Podcasts
  • Electronic Roundtable '06
  • Ohio Voter Registration Regulations
  • e-Book
  • Past Case Decisions
  • 2005 Redistricting Developments
• Biweekly
  Update
  • Subscribe
• Related
  Links
• Media
  Information
• A Joint Project with the
  Moritz Law Library

ACLU of Ohio v. Brunner

Disclosure:  EL@M Associate Director Daniel Tokaji has consulted for the ACLU on this case.

(page last updated April 28, 2008 at 10:25 AM)

Case Information

All Courts: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-00145)
Topic(s): Voting Technology
State: Ohio
Date Filed: January 17, 2008

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

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631