OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

State ex rel. Mahal v. Brunner

Case Information

Date Filed / Ended: October 17, 2008 / October 21, 2008
State: Ohio
Issues: State Voter Registration Databases, Voter Registration
Courts that Heard this Case: Ohio Supreme Court (Case 2008-2027); U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00983)

Issue:

The plaintiff, a registered Republican, is asking the Ohio Supreme Court in mandamus to order Jennifer Brunner to share HAVA mismatches with county BOE's in a user-friendly way that allows them to investigate mismatches.  Plaintiff is also  asking the court to require BOE's to look at this information and consider it in evaluating whether to count absentee ballots.

Status:

Complaint filed 10/17/08 in the Ohio Supreme Court.  Notice of Removal filed on 10/20/08 with federal district court.  The district court remanded the case back to the Ohio Supreme Court on 10/20/08.  Answer filed on 10/20 in Ohio SC.  Caused dismissed by the Ohio Supreme Court on 10/21/08.

SOURCES OF LAW CHART PDF

Ohio Supreme Court Documents

  • Expedited Petition for Writ of Mandamus PDF (filed 10/18/08)
  • Briefing Entry PDF (filed 10/18/08)
  • Notice of recusal of Justice O'Connor, received by Clerk's Office (filed 10/20/08)
  • Notice of recusal of Justice Stratton, received by Clerk's Office (filed 10/20/08)
  • Briefing Entry PDF (entered 10/20/08)
  • Respondent Secretary of State Jennifer Brunner's notice of removal PDF (filed 10/20/08)
  • E-mail notification received by Clerk's Office regarding assignment of Judge Lynn Charles Slaby, Ninth District Court of Appeals, for Justice O'Connor
  • E-mail notification received by Clerk's Office regarding assignment of Judge William Herman Wolff, Jr., Second District Court of Appeals, for Justice Stratton
  • Answer of respondent PDF (filed 10/20/08)
  • Assignment of Judge Lynn Charles Slaby of the Ninth District Court of Appeals, effective October 20, 2008
  • Assignment of Judge William Herman Wolff, Jr. of the Second District Court of Appeals, effective October 20, 2008
  • Application for dismissal of case PDF (filed 10/21/08)
  • Cause dismissed PDF (filed 10/21/08)

U.S. District Court Documents

Related Articles

Commentary

Edward B. Foley

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

David  Stebenne

Clinton, Sanders and the changing face of the Democratic Party

Professor David Stebenne wrote an op-ed for The Conversation describing how a recent debate between Democratic Party presidential candidates Hillary Clinton and Bernie Sanders highlighted changes in the Democratic Party over the past half-century.

“Last week’s debate in New Hampshire between Hillary Clinton and Bernie Sanders over who is the “real progressive” said a lot about how they and the Democratic Party have changed over the past half-century,” Stebenne said.

“When Clinton and Sanders first came of age politically during the mid-1960s, neither was a natural fit for the Democrats as the party was then.

“Taking a look at how these two very different people and the party they now want to lead have evolved can help clarify the philosophical divide on display in the Democratic Party today.”

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...