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Election Law @ Moritz Home Page

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

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.

more commentary...

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.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...