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State of Ohio ex rel. Doucher v. Brunner

(page last updated October 1, 2008 at 11:34 AM)

Case Information

All Courts: Ohio Supreme Court (Case 2008-1872)
Topic(s): Absentee Ballots
State: Ohio
Date Filed: September 18, 2008

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

Related Case: State ex rel. Myles v. Brunner

Ohio Supreme Court Documents

• Complaint in mandamus (filed 9/19/08)
• Summons & complaint issued to respondent(s) (filed 9/22/08)
• Notice of recusal of Justice O'Connor received by Clerk's Office (filed 9/25/08)
• Notice of recusal of Justice Stratton received by Clerk's Office (filed 9/25/08)
• Assignment of Judge William Herman Wolff, Jr. of the Second District Court of Appeals, effective September 25, 2008 (filed 9/26/08)
• Assignment of Judge Lynn Charles Slaby of the Ninth District Court of Appeals, effective September 25, 2008 (filed 9/26/08)
• Answer of Respondent (filed 9/26/08)
• DECISION: Dismissed for want of prosecution (entered 10/1/08)

Related EL@M Articles

• Ohio court dismisses ballot application case, Columbus Dispatch (AP), 10/1/08
• Supreme Court is asked for second time to overrule Brunner in dispute over McCain absent ballot forms, Gongwer (Subscribers Only), 9/22/08.
• Second Absent-Voting Suit Filed; Brunner Now Target of 3 Fast-Track Election Cases, Hannah Report (Subscribers Only), 9/23/08.
• Second Absent-Voting Suit Filed; Brunner Now Targ
• McCain adviser sues Ohio over absentee ballot issue, DispatchPolitics.com, 9/22/08.

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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