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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

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Daniel P. Tokaji

Pro-DeWine group to bring dark money to 2018 Ohio governor's race

Professor Dan Tokaji was quoted in Cleveland.com about Securing Ohio’s Future, an advocacy group that isn’t required to disclose its donors or expenses.

"Taking a look at their website, it certainly appears a big part of their purpose is to support the Republican gubernatorial ticket," Tokaji said. "Does that mean they're in violation of the law? I can't say that for sure based on what I've seen, and based on the murkiness of the legal standard, but it's certainly pushing the envelope."
 

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Info & Analysis

U.S. Supreme Court to Hear Maryland Redistricting Case

The U.S. Supreme Court recently added the Maryland redistricting case of Benisek v. Lamone to the merits docket. The court postponed consideration of the jurisdiction question until hearing the case on the merits.

more info & analysis...