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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

In the News

Edward B. Foley

Symposium: Wechsler, history and gerrymandering

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

more info & analysis...