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Election Law @ Moritz

Election Law @ Moritz


Litigation

State ex. rel. Colvin v. Brunner

Case Information

Date Filed / Ended: September 12, 2008 / September 29, 2008
State: Ohio
Issues: Absentee Ballots, Voter Registration
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1813)

Issue:

Whether Secretary of State Jennifer Brunner's directive (2008-63), which gives voters a five-day window (30-35 days before the election) within which they may simultaneously register and receive an absentee ballot, impermissibly conflicts with state statutory election laws. 

DISCLOSURE

Status:

A petition for writ of mandamus was filed with the Ohio Supreme Court on 9/12/08.  Answer filed on 9/22/08.  Plaintiff's brief filed 9/22/08.  The petition for writ of mandamus was denied on 9/29/08.

 

Analysis: Ohio 5-Day Window Suit

Ohio Supreme Court Documents

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Commentary

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The Electoral Fix We Really Need

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The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

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Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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