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Last Updated: September 10, 2010 at 1:39 PM

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

Ohio Supreme Court Documents

Expedited Petition for Writ of Mandamus (filed 10/18/08)
Briefing Entry (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 (entered 10/20/08)
Respondent Secretary of State Jennifer Brunner's notice of removal (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 (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 (filed 10/21/08)
Cause dismissed (filed 10/21/08)

U.S. District Court Documents

NOTICE OF REMOVAL (filed 10/20/08)
- Exhibit A
- Civil Cover Sheet
Memorandum in Support of Notice of Removal (filed 10/20/08)
Ohio Supreme Court Complaint (filed 10/20/08)
ORDER remanding case to the Supreme Court of Ohio (entered 10/20/08)

Commentary

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...

Major Pending Cases

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