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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

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.

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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.”

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Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...