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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)

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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