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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

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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