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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Hunter v. Hamilton County Board of Elections

Case Information

Date Filed: November 21, 2010
State: Ohio
Issues: Election 2010, Recount Resources
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 1:10-cv-00820); U.S. Court of Appeals for the 6th Circuit (Case 10-4481); U.S. Court of Appeals for the 6th Circuit (Case 12-3266, 12-3224)

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. Oral Argument set for 7/25/12. Stipulation for Dismissal of Appeal filed 7/11/12.

See also State of Ohio ex rel. John W. Painter and John Williams v. Jennifer L. Brunner, Secretary of the State of Ohio, and the Board of Elections of Hamilton County, Ohio

District Court Documents

District Court Documents (on remand)

Appellate Court Documents (first appeal)

Appellate Court Documents (second appeal)

Supreme Court Documents

News Stories

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" PDF (dated 2/2/11)

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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.

more EL@M in the news...

Info & Analysis

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.

 

more info & analysis...