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Litigation

State of Ohio ex rel. Doucher v. Brunner

Case Information

Date Filed / Ended: September 18, 2008 / October 1, 2008
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1872)

Issue:

Whether the Ohio Secretary of State's memorandum, which directs boards of elections to reject absentee ballot applications that do not indicate that the applicants are qualified voters, violates state law.  The applications in question were provided by Senator John McCain's presidential campaign.  The applications contained a box where applicants could indicate that they were qualified voters.  Secretary of State Brunner, in her memorandum, expressed the opinion that failure to check this box should result in the application being rejected. 

Status:

Complaint filed on 9/19/08.  Answer filed 9/26/08.  Case dismissed for want of prosecution on 10/1/08.

Analysis: Ohio "Check-Box" Lawsuit

Ohio Supreme Court Documents

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In the News

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How states can fix the Electoral College and prevent future Trumps

An op-ed written by Professor Edward Foley about repairing the Electoral College was published in USA Today.

“The imperative is to prevent another president who wins the White House without really winning the support of the electorates in the states that determine the outcome,” Foley writes. “The Founding Fathers would see that as a subversion of the Electoral College system. So should we.”
 

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Info & Analysis

Sixth Circuit Reverses Dismissal of Ohio ADA Case Alleging Discrimination Against Blind Voters

In an opinion released today, a three-judge panel of the Sixth Circuit Court of Appeals reversed the decision of the district court dismissing a lawsuit alleging that Ohio\'s absentee voter system discriminates against blind voters. According to the panel, the district court accepted Ohio Secretary of State John Husted\'s \"fundamental alteration\" defense without any evidentiary support. The case, Hindel v. Husted, was remanded to the district court for further proceedings.

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