Last Updated: February 22, 2012 at 11:47 AM
Hunter v. Hamilton County Board of Elections
Case Information
Date Filed: November 21, 2010
State: Ohio
Issues: Election 2010, Recount Procedures
Current Court: U.S. District Court for the Southern District of Ohio (Case 1:10-cv-00820)
Issue:
Whether the Hamilton County Board of Elections should count the provisional votes of citizens who voted at the wrong precinct solely due to poll worker error.
Status:
Defendants' Motion to Dismiss filed 8/30/11. Response to Motion to dismiss filed 9/08/11. Reply in Support of Motion to Dismiss filed 9/22/11. Judgment and Order Enjoining Board From Rejecting Ballots filed 2/8/12.
District Court Documents
- Verified Complaint for Temporary Restraining Order and Declaratory and Injunctive Relief
(filed 11/21/10) - Motion for Temporary Restraining Order and Preliminary Injunction (filed 11/21/10)
- Motion of Proposed Intervenors Northeast Ohio Coalition for the Homeless and Ohio Democratic Party to Intervene (filed 11/22/10)
- Memorandum in Opposition to Motion for Temporary Restraining Order (filed 11/22/10)
- John Williams Campaign Motion to Intervene (filed 11/22/10)
- John Williams Memorandum in Opposition to Temporary Restraining Order and Preliminary Injunction (filed 11/22/10)
- Order Granting in Part Plaintiffs' Motion for a Preliminary Injunction (entered 11/22/10)
- Amended Answer of Intervening Party Defendant John Williams (filed 11/23/10)
- Notice of Appeal (filed 11/23/10)
- Motion of Proposed Intervenor Ohio Republican Party (filed 11/23/10)
- Emergency Motion to Enforce Preliminary Injunction (filed 12/9/10)
- Notice of Supplemental Evidence in Support of Motion to Enforce Preliminary Injunction (filed 12/10/10)
- Notice of Emergency Meeting (filed 12/10/10)
- Intervenor-Defendant John Williams Memorandum in Opposition to Emergency Motion to Enforce Preliminary Injunction (filed 12/12/10)
- Response of Defendant Hamilton County Board of Elections to Plaintiff's Emergency Motion to Enforce Preliminary Injunction (filed 12/13/10)
- Urgent Motion of Plaintiff and Intervenor-Plaintiffs Northeast Ohio Coalition for the Homeless and Ohio Democratice Party to Enjoin State-Court Proceedings (filed 12/23/10)
- Intervenor-Defendant John Williams Memorandum in Opposition to Urgent Motion to Enjoin State-Court Proceedings (filed 12/26/10)
- Order Denying Urgent Motion of Plaintiff and Intervenor-Plaintiffs Northeast Ohio Coalition for the Homeless and Ohio Democratice Party to Enjoin State-Court Proceedings (entered 12/27/10)
- Plaintiff Hunter Renews the Motion to Enjoin State Court Proceedings (filed 12/30/10)
- Plaintiff Hunter Supplemental Evidence in Support of Renewed Motion to Enjoin State Court Proceedings (filed 12/30/10)
- Intervenor-Defendant John Williams Suggestion that Plaintiff Hunter's Renewed Emergency Motion to Enjoin Ohio Supreme Court Proceedings is Moot (filed 1/11/11)
- Plaintiffs' Emergency Motion to Enforce this Court's Preliminary Injunction and Enjoin Defendant Board from Complying with Directive 2011-04 (filed 1/11/11)
- Order Granting in Part and Denying in Part Plaintiffs' Motion to Enforce Preliminary Injunction (entered 1/12/11)
- Emergency Motion to Show Cause (filed 1/14/11)
- Order Granting Emergency Motion to Show Cause (entered 1/14/11)
- Motion of Appeal to USCA the Grant of the Preliminary Injunction (filed 1/14/11)
- Order Granting Request to Enjoin the Hamilton County Board of Elections from
Complying with the Statutory Deadline to Amend the Certification of the Election
Results and The Emergency Show Cause Motion (entered 1/14/11)
- Motion of Appeal to USCA by Hamilton County Board of Elections (filed 1/16/11)
- USCA Case Number 11-3060 for Notice of Appeal filed by Hamilton County Board of Elections (entered 1/18/11)
- Notice of Status Conference (filed 1/27/11)
- Order, Opinion of the Sixth Circuit (filed 1/28/11)
- Judgement (filed 1/28/11)
- Answer to Complaint (filed 5/03/11)
- Motion of Proposed Intervenor Ohio Republican Party (filed 5/03/11)
- Order on Motion to Enforce Preliminary Injunction (filed 5/03/11)
- Answer of Intervenor-Defendant Ohio Republican Party (filed 5/24/11)
- Protective Order (filed 6/06/11)
- Order for Reproduction of Envelopes (filed 6/08/11)
- Order Regrading Transfer of Ballots (filed 6/10/11)
- Intervenor Ohio Republican Party's Brief Urging Dismissal Based on Mootness (filed 6/15/11)
- Stipulation of Dismissal of Ohio Republican Party (filed 6/22/11)
- Order on Motion to Vacate (filed 6/24/11)
- Motion to Transfer Ballots (filed 6/24/11)
- Response in Opposition to Motion to Transfer Ballots (filed 6/27/11)
- Reply to Plaintiff's Motion for Emergency Relief (filed 6/29/11)
- Hamilton County BOE Trial Brief Opposing Injunctive Relief (filed 7/05/11)
- Trial Brief of Intervening Party Defendant John Williams (filed 7/05/11)
- Plaintiff Trial Brief (filed 7/05/11)
- Defendant's Motion for summary Judgment (filed 7/06/11)
- Order Permitting the Transfer of Ballots (filed 7/08/11)
- Defendant Motion for Summary Judgment (filed 7/12/11)
- Plaintiff Motion to Preserve Trial Date (filed 7/12/11)
- Defendant's Response to Plaintiff's Motion in Limine (filed 7/15/11)
- Defendant's Opposition to Plaintiff's Motion in Limine (filed 7/15/11)
- Joint Response of Plaintff's Opposition to Defendant's Second Motion in Limine (filed 7/15/11)
- Plaintiff's Opposition to Defendant's First Motion in Limine (filed 7/16/11)
- Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment (filed 8/05/11)
- Plaintiff's Amended Complaint (filed 8/17/11)
- Defendants' Motion for Summary Judgment (filed 8/19/11)
- Plaintiff's List of Ballots that Should be Counted or subject to procedural relief (filed 8/19/11)
- Plaintiff Hunter's Post-Trial Brief (filed 8/26/11)
- Defendant Williams' Post-Trial Brief (filed 8/26/11)
- Plaintiffs NE Ohio Coalition for the Homeless' and Ohio Democratic Party's Post Trial Memorandum (filed 8/26/11)
- Defendants' Joint Brief in Opposition to Plaintiffs' List of Ballots to be Counted (filed 8/26/11)
- Defendant Hamilton County Board of Elections' Post-Trial Brief (filed 8/26/11)
- Defendants' Proposed Findings of Fact and Conclusions of Law (filed 8/26/11)
- Plaintiffs' Proposed Findings of Fact and Conclusions of Law (filed 8/26/11)
- Plaintiff Hunter's Post-Trial Trial Brief (filed 8/26/11)
- Defendants' Refiling of Table 1 of their Proposed Findings and Conclusions (filed 8/29/11)
- Defendants' Motion to Dismiss (filed 8/30/11)
- Amended Defendants Joint Post Hearing Findings (entered 9/02/11)
- Response to Defendant's Motion to Dismiss (filed 09/08/11)
- Transcript of Oral Argument on Post-Trial Briefs (filed 9/14/11)
- Plaintiff Hunter's Notice of Additional Equitable Relief Request (filed 9/19/11)
- Defendant's Reply in Support of Motion to Dismiss Amended Complaint (filed 09/22/11)
- Judgment and Order Enjoining Board From Rejecting Ballots (filed 2/8/12)
- Notice by Plaintiff to Attorney General of Unconstitutionality of Ohio Statute (filed 2/13/12)
Appellate Court Documents
- Motion to Stay District Court Proceedings (filed 11/23/10)
- Order Temporarily Staying District Court Proceedings (entered 11/24/10)
- Plaintiffs' Responses in Opposition to Motion to Stay District Court Proceedings (filed 11/29/10)
- Order Denying Stay of District Court Proceedings and Dissolving Temporary Stay Order (entered 12/1/10)
- Petition for Rehearing before Original Panel (filed 12/9/10)
- Response to Petition for Panel Rehearing (filed 12/14/10)
- Order Denying Motion for Rehearing (entered 12/16/10)
- Appellee Brief filed for Tracie Hunter (filed 12/21/10)
- Appellee Brief filed for Northeast Ohio Coalition for the Homeless (filed 12/21/10)
- Oral Argument Set for 9:00 a.m. Tuesday, March 1, 2011 (entered 12/28/10)
- Reply Brief for Appellant (filed 1/4/11)
- Emergency Motion for Stay of Intervenor-Appellant (filed 1/15/11)
- Defendant/Appellant Hamilton County Board of Elections Emergency Motion for Stay (filed 1/17/11)
- Plaintiffs' Memorandum in Opposition to Appellants' Emergency Motions to Stay (filed 1/18/11)
- Amicus Brief of Ohio Secretary of State Jon Husted in Support of the Hamilton County Board of Elections Urging Reversal of the District Court and Granting a Stay (filed 1/18/11)
- Order granting Motions to Stay (entered 1/18/11)
- Defendant-Appellees Caleb A. Faux and Timothy M. Burke's Brief in Support of the District Court's Order (filed 1/19/11)
- Brief of Defendant / Appellant Hamilton County Board of Elections (filed 1/19/11)
- Amicus Brief of Ohio Secretary of State Jon Husted in Support of the Hamilton County Board of Elections Urging Reversal of the District Court (filed 1/19/11)
- Merits Brief of Intervenor-Appellant John Williams (filed 1/19/11)
- Brief of Plaintiff-Appellee Tracie Hunter, Northeast Ohio Coalition for the Homeless and the Ohio Democratic Party (filed 1/19/11)
- Audio of Oral Argument (held 1/21/11)
- Opinion (filed 1/27/11)
- Motion for Issuance of Immediate Mandate (filed 1/28/11)
- Response of Appellant to Motion for Expedited Issuance of Mandate (filed 1/28/11)
- Appellant's Response to Plaintiff's Motion to Shorten Time to Issue Mandate (filed 1/31/11)
- Petition for Rehearing En Banc of Defendant / Appellant Hamilton County Board of Elections (filed 2/10/11)
- Amicus Curiae Ohio Republican Party's Motion for Leave to File Brief in Support of Appellants' Petitions for Rehearing En Banc (filed 2/10/11)
- Amicus Curiae Brief of Ohio Republican Party in Support of Appellants' Petition for Rehearing En Banc (filed 2/10/11)
- Petition for Rehearing En Banc of Intervenor-Appellant John Williams (filed 2/10/11)
- Motion for Leave of Ohio Secretary of State Jon Husted to File an Amicus Brief Supporting the Hamilton County Board of Election's En Banc Review (filed 2/11/11)
- Amicus Brief of Ohio Secretary of State Jon Husted in Support of the Hamilton County Board of Elections Urging En Banc Review (filed 2/11/11)
- NEOCH Response to Petition for En Banc Hearing (filed 2/25/11)
- Ohio Democratic Party Response in Opposition to Petition for Rehearing En Banc (filed 2/25/11)
- Plaintiff-Appellee's Opposition to Motion for Rehearing En Banc (filed 2/25/11)
- Order granting motion of the Ohio Republican Party for leave to file a brief as amicus curiae, and granting motion from the NAACP Cincinnati Chapter to file a brief in opposition to petitions for rehearing en banc (entered 3/11/11)
- Amicus Brief of Ohio Secretary of State Jon Husted in Support of the Hamilton County Board of Elections Urging En Banc Review (filed 3/11/11)
- Amicus Curiae Brief of Ohio Republican Party in Support of Appellants' Petition for Rehearing En Banc (filed 3/11/11)
- Amicus Curiae Brief of the Cincinnati Branch of the NAACP in Opposition to Appellants' Petitions for Rehearing En Banc (filed 3/11/11)
- Order denying petitions for rehearing en banc (entered 3/29/11)
- Intervenor/ Appellant's Motion to Stay Mandate (filed 4/1/11)
- Defendant/ Appellant's Motion to Stay Mandate (filed 4/4/11)
- Order Denying Motion to Stay Mandate (entered 4/8/11)
- Mandate Issued (entered 4/8/11)
Supreme Court Documents
- Application to Recall and Stay Mandate of United States Court of Appeals for the Sixth Circuit Pending Certiorari (filed 4/11/11)
- Brief for Respondents (filed 4/15/11)
- Reply of Petitioners in Support of Application to Recall and Stay Mandate of United States Court of Appeals for the Sixth Circuit Pending Certiorari (filed 4/18/11)
- Order Denying Stay of Mandate of Circuit Court (entered 4/18/11)
Other Documents
- Ohio Secretary of State Letter "Concerning Whether to Take All Necessary Steps to Appeal the Decision of the Federal Appellate Court in Hunter v. Hamilton County Board of Election" (dated 2/2/11)
PDF files in this site require
Commentary
A Poster Child for Dysfunctional Districting
Daniel P. Tokaji
Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.
more commentary...