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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

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.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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