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Election Law @ Moritz

Election Law @ Moritz


Litigation

Union County Board of Elections v. Brunner

Case Information

Date Filed / Ended: February 5, 2008 / February 29, 2008
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Union County Common Pleas Court (Case 08 CV 0068); U.S. District Court, Southern District of Ohio (Case 2:08cv112); Franklin County Common Pleas Court (Case 08-CVH-02-2032); Ohio Supreme Court (Case 2008-0410)

Issue:

Whether the Ohio Secretary of State has the authority to require a county board of elections to use paper ballots in elections and whether such requirement violates the Help America Vote Act.

Status:

Complaint filed 2/5/08. Motion for Removal and Transfer filed 2/5/08. TRO issued 2/6/08. Case transferred to Franklin County Common Pleas Court. Notice of removal filed with U.S. District on 2/6/08. Motion to dissolve TRO filed in U.S. District court on 2/6/08. TRO dissolved by Franklin County Common Pleas Court.

Ohio Supreme Court Documents

Franklin County Common Pleas Court Documents

U.S. District Court Documents

Union County Common Pleas Court Documents

Related Links

Commentary

Edward B. Foley

The Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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