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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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Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

Daniel P. Tokaji

Scott Walker case shows growing closeness between politicians and wealthy allies

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

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Info & Analysis

Seventh Circuit Issues Opinions Regarding Stay in Wisconsin Voter ID Case

A divided Seventh Circuit U.S. Court of Appeals issued opinions today on its denial of a motion for reconsideration. A 3-judge panel of the court granted a stay last week allowing Wisconsin's voter ID law to take effect. The cases are Frank v. Walker and LULAC v. Deininger.

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