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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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The Electoral Fix We Really Need

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The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

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Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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