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Election Law @ Moritz

Election Law @ Moritz


Litigation

Premier Election Systems v. Cuyahoga County

Case Information

Date Filed: May 30, 2008
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Franklin County Common Pleas Court (Case 08 CV 007841)

Issue:

Whether Premier Election Systems has fullfilled the terms of its contract with Cuyahoga County and the State of Ohio

Status:

Complaint filed 5/30/08.  State's Counterclaim filed 8/6/08.  Various answer and motions for misjoinder have been filed by counties.  Plaintiff filed a Motion to Dismiss on 9/11/08.

Trial Court Documents

  • Complaint PDF (filed 5/30/08)
  • Answer and Counterclaim PDF (filed 6/5/08)
  • Answer and Counterclaim of Cuyahoga County, et al. PDF (filed 7/15/08)
  • Crossclaim and First Amended Counterclaim PDF (filed 8/6/08)
  • Answer and Crossclaim (Guernsey County) (filed 8/27/08)
  • Answer and Motion for Misjoinder (Montgomery County) PDF (filed 8/27/08)
  • Answer to Crossclaim (Butler County) PDF (filed 9/5/08)
  • Answer to Crossclaim (Greene County)(filed 9/5/08)
  • Consent to Move or Plead (Stark County) (filed 9/5/08)
  • Consent to Move or Plead (Belmont County) (filed 9/5/08)
  • Motion to Dismiss and Memo in Support PDF (Miami County) (filed 9/10/08)
  • Answer to Counterclaim (Cuyahoga County) (filed 9/10/08)
  • Plaintiff's Motion to Dismiss PDF (filed 9/11/08)
  • MOTION GRANTED (entered 9/15/08)
  • MEMO CONTRA FILED (filed 9/22/08)
  • Consent to Move of Plead (filed 9/26/08)
  • Answer to Cross Claim (filed 9/26/08)
  • MEMO CONTRA FILED (filed 9/29/08)
  • Answer to Complaint (filed 10/3/08)
  • Motion to Dismiss (filed 10/3/08)
  • MOTION TO EXTEND TIME (filed 10/8/08)
  • Memo Contra Motion to Dismiss (filed 10/9/08)
  • Motion to dismiss (filed 10/10/08)
  • Agreed Order (filed 10/10/08)
  • Entry (filed 10/16/08)
  • Letters (filed 10/16/08)
  • Defendant Disclosure of Witnesses (filed 10/17/08)
  • Defendant Disclosure of Witnesses (filed 10/17/08)
  • Motion to extend time (filed 10/17/08)
  • Defendant Disclosure of Witnesses (filed 10/17/08)
  • PLAINTIFF DISCLOSURE OF WITNESSES (filed 10/17/08)
  • REPLY MEMO (filed 10/20/08)
  • CONSENT TO MOVE OR PLEAD (filed 10/24/08)

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

more info & analysis...