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Election Law @ Moritz

Election Law @ Moritz


Litigation

Project Vote v. Madison County Board of Elections

Case Information

Date Filed / Ended: September 24, 2008 / December 24, 2008
State: Ohio
Issues: Absentee Ballots, Voter Registration
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-02266)

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

Related Links

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

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

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...