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Litigation

 

Fitrakis v. Husted (state court)

Case Information

Date Filed: November 5, 2012
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Franklin County Common Pleas Court (Case 12 CV 013888)

Issue:

Whether Ohio's use of certain software for electronic voting machines violates plaintiff's rights under 42 U.S.C. 1983; whether Secretary of State Husted, as a public official, spent public funds without authorization.

Status:

Complaint and Motion for Temporary Restraining Order filed 11/5/12. Motion for TRO denied 11/6/12. Motion to Dismiss filed 11/27/12. ESS Motion to Dismiss granted 1/25/13.

 

Common Pleas Court Documents

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

more info & analysis...