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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

Related Articles

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.

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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.”

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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.

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