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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Moore v. Brunner

Case Information

Date Filed: March 7, 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-00224)

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 and Motion for Preliminary Injunction filed on 3/7/08.  Answer filed on 5/6/08.  Motion for PI granted on 6/2/08.  Case consolodated with Libertarian Party of Ohio v. Brunner on 8/05/08.  Secong Motion for PI granted (allowing Plaintiffs on the November ballot) on 8/21/08.

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 Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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