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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

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Commentary

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Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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In the News

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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.”

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Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

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