Election Law @ Moritz

Election Law Litigation

State v. Maiden

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(page last updated November 12, 2007 at 10:27 PM)

Case Information

All Courts: Cuyahoga County Court of Common Pleas (Case 06-CR-483027-A; 06-CR-477610-A); 8th District Court of Appeals, Ohio (Case CA-07-089660)
Topic(s): Improper Election Administration
State: Ohio
Date Filed: January 18, 2007

Issue: Whether Cuyahoga County Board of Elections workers violated the criminal provisions of R.C. 3599.16, 3599.17, 3599.23, 3599.24 and 3599.32 by opening ballots and counting them at an unlawful time. By counting the ballots ahead of time, the state claims the defendants gained information that could be used to ensure that any audit of voting machine accuracy would show the machines were accurate. Showing that the machines were accurate would allow the defendants to avoid having to perform a time-consuming hand audit of ballots later on.

Status: Verdict reached 1/24/06; Note of Appeal filed 4/4/07. Appeal dismissed as moot, 8/20/07.

Trial Court Documents

  • Link to Cuyahoga County Court of Common Pleas' on-line docket
  • Trial started 1/18/07
  • DEFENDANTS' MOTION FOR JUDGMENT OF ACQUITTAL AS TO COUNTS 1, 2, 4 AND 5 OF THE SUPERSEDING INDICTMENT (filed 1/22/07) [not yet available]
  • Case Number 06-CR-477610-A dismissed (1/25/07)
  • Jury Verdict (filed 1/29/07)
    • Count 2: GUILTY of Misconduct of Members or Employees of Board of Elections 3599.16 A F4
    • Count 4: GUILTY of Failure of Registrars, Judges and Clerks to Perform Duties 3599.17 A(7)
    • Not Guilty of all other counts
    • Sentencing set for 2/26/07
  • RESPONSE TO DEFENDANTS KATHLEEN DREAMER AND JACQUELINE MAIDEN'S MOTION FOR NEW TRIAL (filed 2/12/07) [not yet available]
  • DEFENDANT'S REPLY TO THE STATE OF OHIO'S RESPONSE TO DEFENDANT'S MOTION FOR A NEW TRIAL (filed 2/13/07) [not yet available]
  • DEFENDANT JACQUELINE MAIDEN'S SENTENCING MEMORANDUM (filed 3/7/07) [not yet available]
  • Sentencing (3/13/07)
    • COURT IMPOSES A PRISON SENTENCE AT THE OHIO REFORMATORY FOR WOMEN OF 18 MONTH(S). POST RELEASE CONTROL FOR 3 YEARS
    • EXECUTION OF SENTENCE STAYED PENDING APPEAL
  • MOTION BY APPELLANT FOR STAY IS GRANTED BY THE COURT OF APPEALS (8/31/07)
  • DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE AS TO ALLEGATIONS OF WILFUL CRIMINAL CONDUCT, FILED (9/13/07)
  • MOTION BY APPELLANT FOR LEAVE TO APPEAL PURSUANT TO APP.R.5(C) IS DENIED BY THE COURT OF APPEALS (10/4/07)
  • TRIAL SET FOR 11/05/2007 (10/30/07)
  • MOTION TO QUASH SUBPOENA FOR WILLIAM D. MASON (11/2/07)

Appellate Court Documents

  • Case Initiated (4/4/07)
  • MOTION BY APPELLANT FOR REMAND [not yet available] (filed 5/14/07)
  • MOTION BY APPELLANTS, KATHLEEN DREAMER (CA 89657) AND JACQUELINE MAIDEN (CA 89660), TO CONSOLIDATE FOR APPEAL IS GRANTED FOR RECORD, BREIFING, HEARING AND DISPOSITION. MOTION FOR EXTENSION OF TIME TO TRANSMIT THE RECORD IS DENIED AS MOOT. (entered 5/18/07) [not yet available]
  • MOTION BY APPELLANT FOR REMAND FOR THE TRIAL COURT'S CONSIDERATION OF A MOTION FOR NEW TRIAL AND A MOTION TO RECUSE IS GRANTED. (entered 5/18/07) [not yet available]
  • MOTION BY APPELLANTS FOR EXTENSION OF TIME FOR HEARING ON MOTION FOR NEW TRIAL (filed 6/5/07) [not yet available]
  • MOTION BY APPELLANTS, KATHLEEN DREAMER AND JACQUELINE MAIDEN, FOR EXTENSION OF TIME FOR HEARING ON MOTION FOR NEW TRIAL IS GRANTED TO AUGUST 24, 2007 (entered 6/6/07) [not yet available]
  • SUA SPONTE, UPON RECOMMENDATION OF THE CONFERENCE ATTORNEY, APPEALS NOS. 89657 AND 89660 ARE DISMISSED AS MOOT. (entered 8/20/07) [not yet available]

EL@M Summaries

Related Links

  • Probation given in recount rigging case, United Press International, November 5, 2007
  • Election workers accused of mishandling ballots go on trial, Cleveland Plain Dealer, January 18, 2007 [no longer available online]
  • Jury debates whether workers mishandled presidential vote recount, Akron Beacon Journal, January 23, 2007 [no longer available online]
  • Election Staff Convicted in Recount Rig, Washington Post, January 24, 2006