OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Schoettle v. Marion County Board of elections

Case Information

Date Filed: October 29, 2008
State: Indiana
Issues: Absentee Ballots, Improper Election Administration
Courts that Heard this Case: Marion County Circuit Court (Case 49C01 08 10 PL 049131); Indiana Court of Appeals (Case 49A05-0810-CV-637); Indiana Supreme Court (Case )

Issue:

Whether the Marion County Board of Election may count challenged absentee ballots on Tuesday or whether the challenged ballots can counted later with the provisional ballots after additional scrutiny. 

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Circuit Court issued order on 10/31/08 preventing challenged absentee ballots from being counted until later in the week.  The Court of Appeals issued a stay of this order pending an appeal.  The Indiana Supreme Court  reinstated the trial court's order on 11/3/08.   

Indiana Supreme Court Documents

Court of Appeals Documents

Circuit Court Documents

Related Articles

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

U.S. District Judge Rules for State in Ohio NVRA Case

In an order issued late yesterday, U.S. District Judge George Smith denied plaintiffs\' motion for summary judgment in a case challenging the removal of voters from the rolls for non-participation in recent elections. Judge Smith ruled that this practice does not violate the National Voter Registration Act (NVRA). He entered final judgment in favor of the defendant, Ohio Secretary of State Jon Husted, clearing the path for a possible appeal to the Sixth Circuit. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...