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Union County Board of Elections v. Brunner

(page last updated April 28, 2008 at 12:24 PM)

Case Information

All Courts: 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)
Topic(s): Voting Technology
State: Ohio
Date Filed: February 5, 2008

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

• Docket
• Complaint (filed 2/22/08)
• Sua Sponte Order (filed 2/25/08)
• Answer of Respondent (filed 2/26/08)
• Brief of Respondent Secretary of State (filed 2/28/08)
• Relators' Merit Brief in Support of Writ of Prohibition (filed 2/28/08)
• DECISION: Writ's denied (entered 2/29/08)

Franklin County Common Pleas Court Documents

• Defendant's Motion to Dissolve Temporary Restraining Order
• Memorandum Contra to Motion to Dissolve Temporary Restraining Order
• Order Dissolving TRO
• Defendant's Post Trial Brief
• Findings of Fact and Conclusions of Law (entered 2/19/08)

U.S. District Court Documents

• Notice of Removal (w/ Ex. A) (filed 2/6/08)
• Complaint filed in Union County CPC (2008 CV 0068) [See below] (filed 2/6/08)
• Motion for TRO & Preliminary Injunction filed in Union County CPC by Plaintiffs [See below] (filed 2/6/08)
• Temporary Restraining Order filed in Union County CPC [See below] (filed 2/6/08)
• Defendant's Memo Contra Plaintiff's Motion for TRO (w/ Ex. A) (filed 2/6/08)
• ORDER This matter is scheduled for a hearing on the parties' respective pleadings on February 12, 2008 at 10:00 a.m. (entered 2/7/08)
• NOTICE by Defendant Jennifer Brunner Withdrawing Removal Petition (filed 2/11/08)

Union County Common Pleas Court Documents

• Verified Complaint for Declaratory Judgment (w/ Ex. 1-3) (filed 2/5/08)
• Motion for Removal and Transfer (filed 2/5/08) [not yet available]
• Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (w/ Ex. 1-2, Proposed Order) (filed 2/6/08)
• Temporary Restraining Order (filed 2/6/08)

Related Links

• Court to hear argument that elections chief overstepped authority, WTOL (AP Article), 2/14/08
• Franklin county judge says paper-ballot restraining order was improper, Columbus Dispatch, 2/11/08.
• Ballot disputes involves three courts, Columbus Dispatch, 2/7/08
• Union County officials contest state's decision on paper ballots, Columbus Dispatch, 2/5/08

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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