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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

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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