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Election Law @ Moritz

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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

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

more info & analysis...