Election Law @ Moritz

Election Law Litigation

Ohio Republican Party et al v. Brunner

Print Page

(page last updated December 1, 2008 at 1:06 PM)

Case Information

All Courts: 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)
Topic(s): Absentee Ballots, Early Voting, Voter Registration
State: Ohio
Date Filed: September 26, 2008

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.

Related Cases: State ex rel. Skaggs v. Brunner; State ex. rel. Colvin v. Brunner; Project Vote v. Madison County Board of Elections

Consolidated Case: NEOCH v. Blackwell

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