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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.

more commentary...

In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

more info & analysis...