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Election Law @ Moritz

Election Law @ Moritz


Litigation

State of Ohio ex rel. John W. Painter and John Williams v. Jennifer L. Brunner, Secretary of the State of Ohio, and the Board of Elections of Hamilton County, Ohio

Case Information

Date Filed: December 20, 2010
State: Ohio
Issues: Election 2010, Provisional Ballots
Courts that Heard this Case: Supreme Court of Ohio (Case 2010-2205)

Issue:

How should an investigation of provisional ballots, as ordered by a federal district court, proceed under state election law.

Status:

Amicus Brief filed by Ohio Republican Party on 1/3/11.  Intervenor-Respondent's Merit Brief filed 1/5/11. Intervenors' merit brief of Northeast Ohio Coalition for the Homeless and Ohio Democratic Party filed 1/5/11.  Respondent's merit brief of Ohio Secretary of State Jennifer Brunner filed 1/5/11.  Order Granting Writ of Mandamus entered 1/7/11.  Amended Complaint for Writ of Mandamus filed 1/10/11.  Motion for Temporary Injunctive Relief filed 1/10/11.  Entry Dismissing Amended Complaint of Mandamus entered 1/10/11.

See also Hunter v. Hamilton County Board of Elections

Supreme Court Documents

 

Commentary

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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