OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

O'Farrell v. Landis

Case Information

Date Filed: December 24, 2012
State: Ohio
Issue: Election Contest
Courts that Heard this Case: Ohio Supreme Court (Case 12-2151)

Issue:

Whether various election irregularities occurred in Tuscarawas County requiring a recount under Ohio law of absentee and provisional ballots in certain precincts.

Status:

Petition filed 12/24/12. Motion for Hand Count and/or Inspection of Certain Ballots filed 12/28/12. Memo in Opposition filed 12/31/12. Answer filed 1/7/12. Order denying motion for hand count, visual inspection, and recount at this time and Order requiring Boards of Elections to place ballots under seal filed 1/8/13. Answer filed 1/9/13. Motion to Compel Production of Ballots filed 1/11/13. Motion to Dismiss Holmes County Board of Elections filed 1/18/13. O'Farrell's Memo in Opposition to Motion to Dismiss filed 1/22/13. Landis' Memo in Opposition to Motion to Dismiss filed 1/24/13. Answer of Holmes County Board of Elections filed 2/1/13. Evidence of Contestee Landis filed 2/4/13. O'Farrell's Merit Brief filed 2/11/13. Landis' Merit Brief filed 2/19/13. Entry Directing Clerk to file record with Ohio House of Representatives filed 2/22/13. Ohio House committee recommends that full House uphold election result, 5/7/13. Ohio House adopts Resolution 130 upholding election result, 5/22/13.

Ohio Supreme Court Documents

Ohio House of Representatives Documents

Related News Articles

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

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

more commentary...

In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

more EL@M in the news...

Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

more info & analysis...