OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Winner Declared in 2010 Ohio Judicial Election

Late Friday, Hamilton County Board of Elections officials completed their counting of approximately 300 disputed provisional ballots in a 2010 juvenile court judge election. The board's count resulted in a 71-vote victory for Democratic candidate Tracie Hunter, who had initially lost the election by 23 votes to Republican John Williams. In February, U.S. District Court Judge Susan Dlott ordered the board to count the disputed ballots, finding that the board violated provisional voters' right to equal protection. The dispute centered on provisional ballots cast in the correct polling place, but at the wrong precinct table. Judge Dlott found that the board should have counted certain provisional ballots miscast due to poll worker error. The Sixth Circuit Court of Appeals refused to stay the district court's order, triggering the counting of the provisional ballots. An automatic recount will begin May 7. An additional appeal to the Sixth Circuit appears likely to follow.

Further complicating matters is the mandamus action recently filed in the Ohio Supreme Court by two Ohio Republican legislators. The relators seek an order for the Secretary of State to rescind directives issued pursuant to a consent decree in the federal NEOCH v. Brunner case. The directives permit provisional ballots to be counted even if cast in the wrong precinct or if signature requirements are not fully complied with because of poll worker error.


Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.


"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 

more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...