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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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An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

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Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

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