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Election Law @ Moritz

Election Law @ Moritz


Litigation

State ex rel. Myles v. Brunner

Case Information

Date Filed: September 17, 2008
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1842 )

Issue:

Whether the Ohio Secretary of State's memorandum, which directs boards of elections to reject absentee ballot applications that do not indicate that the applicants are qualified voters, violates state law.  The applications in question were provided by Senator John McCain's presidential campaign.  The applications contained a box where applicants could indicate that they were qualified voters.  Secretary of State Brunner, in her memorandum, expressed the opinion that failure to check this box should result in the application being rejected.

DISCLOSURE

Status:

Complaint in mandamus filed on 9/17/08.  The Ohio Supreme Court ruled in favor of the plaintiffs in this case on 10/2/08 and ordered that the absentee ballots be counted. 

Analysis: Ohio "Check-Box" Lawsuit

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Ohio Supreme Court Documents

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Commentary

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Edward B. Foley

The Golden Rule fully applies: speak truthfully about voting as you would have others also speak truthfully about voting.

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In the News

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

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Info & Analysis

In Michigan Recount, Conflicting Rulings from Sixth Circuit and Michigan Court of Appeals

Yesterday, the Sixth Circuit U.S. Court of Appeals and the Michigan Court of Appeals issued differing opinions regarding whether the Jill Stein-initiated recount should proceed. The Sixth Circuit affirmed the District Court\'s order requiring the recount to commence, while the Michigan Court of Appeals ruled that the Board of State Canvassers should not have granted Stein\'s recount petition as a matter of state law. Another hearing is scheduled in federal court today. The cases are Stein v. Thomas (federal court) and Schuette v. Board of State Canvassers (state court).

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