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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

McKinney v. Brunner

Case Information

Date Filed: August 8, 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-00819)

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 8/26/08.

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

Publication of new BALLOT BATTLES book

Edward B. Foley

I'm delighted that Oxford University Press has published my new book Ballot Battles: The History of Disputed Elections in the United States. I've collected links to last week's blogging related to the book's release. 

more commentary...

In the News

David  Stebenne

Ohio's presidential drought, what caused it and what can end it

Professor David Stebenne was quoted in a Cleveland Plain-Dealer article about Ohio's presidential drought:

"The more polarized political atmosphere has tilted the playing field against most Ohio politicians," said David Stebenne, a professor of history and law at Ohio State University. "They, like most Ohio voters, are more moderate than the country as a whole. It's become a lot harder for Ohio politicians to get a major-party nomination."

more EL@M in the news...

Info & Analysis

New state voting laws face first presidential election test

more info & analysis...