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Project Vote v. Madison County Board of Elections

(page last updated January 13, 2009 at 3:41 PM)

Case Information

All Courts: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-02266)
Topic(s): Absentee Ballots, Voter Registration
State: Ohio
Date Filed: September 24, 2008

Issue:

Whether the County Board of Elections' decision to only provide absentee ballots to voters who have been registered more than 30 days before the date they request the absentee ballot violates various provisions of state and federal law.  This case is closely related to State ex rel. Colvin v. Brunner, in which the plaintiffs are attempting to challenge the Secretary of State's directive that interprets Ohio law as providing a "five-day window" in which individuals may simultaneously register and receive an absentee ballot.

DISCLOSURE

Status:

Complaint and Application for a Temporary Restraining Order (TRO) were filed on 9/24/08.  The TRO was issued by the Court on 9/29/08.

Related Case: State ex. rel. Colvin v. Brunner

District Court Documents

• Complaint (filed 9/24/08)
  • Attachment 1 , Attachment 2 , Attachment 3
  • Summons 1 , Summons 2
  • Civil Cover Sheet
  • Corporate Disclosure Statement
• Plaintiff's Motion to Exceed Page Limit (filed 9/24/08)
• Plaintiff's Application for a Temporary Restraining Order and for Declaratory Relief (filed 9/24/08)
  • Memorandum in Support of Application
  • Exhibit 1 , Exhibit 2 , Exhibit 3 , Exhibit 4 ,
  • Exhibit 5 , Exhibit 6 , Exhibit 7
• Marginal Entry Order (filed 9/26/08)
• Motion for temporary restraining order filed by Project Vote (filed 9/26/08)
  • Brief in Support
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
  • Exhibit 5
  • Exhibit 6
  • Exhibit 7
  • Certificate of Service
• Order and Notice of Hearing (filed 9/26/08)
• Response to Motion for temporary restraining order filed by Jennifer Brunner (filed 9/27/08)
• Memorandum in Opposition to Motion for temporary restraining order filed by Madison County Board of Elections (filed 9/27/08)
  • Exhibit Directive 2008-67
  • Exhibit Directive 2008-78
  • Exhibit Directive 2008-79
  • Exhibit Directive 2008-81
  • Exhibit Directive 2008-82
• Motion to dismiss, or In the Alternative, Transfer Venue filed by Defendant Madison County Board of Elections (filed 9/28/08)
  • Memorandum in Support
• Amicus Brief in Support of Plaintiffs' filed by Ohio American Federation of Labor-Congress of Industrial Organizations (filed 9/28/08)
• Motion for Order Allowing Amicus Brief filed by Amicus Curiae Ohio American Federation of Labor-Congress of Industrial Organizations (filed 9/28/08)
• Amicus Brief in Support of Plaintiffs filed by District 1199, et al. (filed 9/28/08)
• Motion for Order Allowing filing of Amicus Brief filed by Amicus Curiae District 1199, et al. (filed 9/28/08)
• Reply to response to Motion for temporary restraining order filed by all plaintiffs (filed 9/29/08)
  • Exhibit A
• Motion for leave To Change Hearing Time To 1130 or an earlier hearing to be held telephonically filed by Defendant Jennifer Brunner (filed 9/29/08)
• Marginal Entry Order signed by Judge James S. Gwin on 9/29/08 granting the motion of Defendant Brunner for an earlier hearing on motion for temporary restraining order. The hearing will commence upon the arrival of all parties in Courtroom 18A (Cleveland) (entered 9/29/08)
• Order signed by Judge James S. Gwin on 9/29/08 granting plaintiffs' motion for temporary restraining compelling the Madison County Board of Elections to comply with Directive 2008-63 (entered 9/29/08)
• Temporary Restraining Order (entered 9/29/08)
• Minutes of hearing challenging temporary restraining order (filed 9/29/08)
• Stipulated Motion for extension of time until 11/03/2008 to answer (filed 10/14/08)
• Marginal Entry Order granting the motion for an extension of time until 11/3/08 to file an answer to the complaint (entered 10/15/08)
• Response to Motion to dismiss, or in the Alternative, Motion to Transfer Venue filed by all plaintiffs (filed 10/28/08)
  • Exhibit 1
• Answer to Complaint (filed 11/3/08)
• Reply Memorandum in Support of Motion to Dismiss, or in the alternative, to transfer venue (filed 11/10/08)
• Case Management Conference Scheduling Order (entered 11/12/08)
  • Local Rule 30.1
• Motion to dismiss without prejudice filed by Project Vote, et al. (filed 12/22/08)
• Motion to dismiss without prejudice GRANTED (entered 12/24/08)

Related Links

• Lawsuit backs 'same-day' voting, DispatchPolitics.com, 9/26/08
• Ohio’s Battle Over Early Voting, Washington Wire (WSJ Blog), 9/25/08
• ACLU sues on side of Ohio early voting window, Akron Beacon Journal (AP), 9/25/08
• ACLU asks court to allow all registered voters access to absentee ballots, ACLU Press Release, 9/25/08

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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