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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Libertarian Party of Ohio v. Brunner

Case Information

Date Filed: June 6, 2008
State: Ohio
Issue: Ballot Access
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00555)

Issue:

Whether the Secretary of State's refusal to give the Libertarian Party of Ohio access to the November 2008 general election ballot deprives "plaintiffs of speech, voting and associational rights secured by the First and Fourteenth amendments to the Constitution of the United States."

Status:

Complaint filed 6/6/08.  Motion for Preliminary Injunction filed on 6/16/08 and granted on 7/17/08.  Answer filed on 8/7/08.

Case Summary and Consolidation

Moore v. Brunner (2:08-cv-00819) (Socialist Party USA), Libertarian Party of Ohio v. Brunner (2:08-cv-00555) and McKinney v. Brunner (2:08-cv-00819) (Green Party of the United States) involve minor political party challenges to the Ohio Secretary of State's Directive 2007-09. This Directive established procedures for the placement of minor party candidates on the state election ballot.

On 7/25/08, the Secretary of State filed a motion to consolidate Moore with Libertarian Party, due to the similarity of the issues in the case and for the purposes of judicial economy and legal consistency. The cases were ordered to be consolidated by the Court on 8/5/08. On 8/21/08, the Court granted plaintiff's Motion for Preliminary Injunction, and ordered that the Socialist Party Candidate be placed on the general election ballot in November. On 8/29/08, the Secretary of State filed a motion to consolidate Libertarian Party and McKinney. This motion was granted on 9/2/08.

The documents listed below include the case consolidation orders and the Court's 8/21/08 order granting the plaintiff's motion for a preliminary injunction. For earlier documents, please check the individual case pages linked above.

District Court Documents

Commentary

Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

more commentary...

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

more EL@M in the news...

Info & Analysis

D.C. Circuit Upholds Campaign Finance Statute

In an opinion issued today, the United States Court of Appeals for the District of Columbia upheld a federal statute barring individuals who have government contracts from making political campaign contributions. The case is Wagner v. FEC.

more info & analysis...