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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

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

more info & analysis...