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Election Law @ Moritz

Election Law @ Moritz


Litigation

Hamilton v. Ashland County Board of Elections

Case Information

Date Filed / Ended: September 27, 2008 / November 13, 2008
State: Ohio
Issues: Voter Registration, Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-02546); U.S. 6th Circuit Court of Appeals (Case 08-4439); Ashland County Common Pleas Court (Case 08-CIV-495)

Issue:

Whether Ohio may prohibit otherwise elligible citizens incarcerated in juvenile detention centers from voting in the county in which they are incarcerated and whether the hearing conducted by the Board of Elections into this matter violated Due Process.

Status:

After dismissal of the action by the federal Court of Appeals, plaintiffs filed an action in state court on 11/4/08.  The court, in its 11/13 decision, affirmed the decision of the Board of Elections that the incarcerated plaintiffs were not residents of Ashland County for voting purposes. 

Ashland County Common Pleas Court

  • Complaint (filed 11/4/08)
  • Motion for Temporary Restraining Order (filed 11/4/08)
  • JUDGMENT ENTRY GRANTING REQUEST FOR TEMPORARY RESTRAINING ORDER FILED AS OUTLINED. HEARING ON THE MERITS OF THE CASE SHALL BE CONDUCTED ON 11/10/08 AT 1:15 PM AS OUTLINED (entered 11/4/08)
  • STIPULATION WITH EXHIBITS FILED PROSECUTOR (filed 11/7/08)
  • SUPPLEMENTAL BRIEF OF DEFENDANTS (filed 11/7/08)
  • PLAINTIFF TROY TOMLIN, GIVES NOTICE OF DISMISSAL OF HIS CLAIMS AGAINST THE DEFENDANTS (filed 11/7/08)
  • MOTION IN LIMINE, MEMORANDUM IN SUPPORT OF MOTION IN LIMINE (filed 11/10/08)
  • PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR INJUNCTIVE RELIEF (filed 11/10/08)
  • JUDGMENT ENTRY PDF (entered 11/13/08)

Court of Appeals Documents

District Court Documents

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...