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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

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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.”

more EL@M in the news...

Info & Analysis

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Organizing Collaborative v. Husted.

more info & analysis...