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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

Related EL@M Articles

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

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