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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

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

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.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...