OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


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)


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


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



Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

A post-Thanksgiving presidential concession speech?

Professor Edward Foley was quoted in McClatchy DC in an article about how long it could take Donald Trump to concede the election, if he loses.

“There’s never a winner or loser on election night, it’s only as a matter of law at the time of certification,” Foley said.

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...