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Election Law @ Moritz

Election Law @ Moritz


Litigation

Ohio Republican Party et al v. Brunner

Case Information

Date Filed / Ended: September 26, 2008 / October 17, 2008
State: Ohio
Issues: Absentee Ballots, Early Voting, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00913); U.S. Court of Appeals for the 6th Circuit (Case 08-4242, 08-4243, 08-4322); U.S. Supreme Court (Case 08A332)

Issue:

Whether Secretary of State Jennifer Brunner's directive (2008-63), which gives voters a five-day window (30-35 days before the election) within which they may simultaneously register and receive an absentee ballot, impermissibly conflicts with state statutory election laws.  Plaintiffs are also challenge Advisory 2008-24, in which Secretary Brunner advises county boards of elections that they are not required to permit party observers at polling places during this period of time.  Plaintiffs are also alleging violations of the Help America Vote Act (HAVA).

DISCLOSURE

Status:

The district court issued the TRO on 10/10/10.  A three-judge panel of the 6th Circuit vacated this TRO on 10/11/08; however, a full panel of the appellate court, in an en banc review, reinstated the district court's TRO on 10/14/08.  The U.S. Supreme Court vacated the TRO in a per curiam decision released on 10/17/08.  The plaintiffs filed an amended complaint in the district court on 11/4/08.

District Court Documents

U.S. Supreme Court Documents

Court of Appeals Documents - Second Appeal (08-4322)

Court of Appeals Documents - First Appeal (08-4242, 08-4243)

Related Links

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Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

U.S. District Judge Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

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