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Election Law @ Moritz

Election Law @ Moritz


Litigation

Hamilton v. Ashland County Board of Elections

Case Information

Date Filed / Ended: September 27, 2008 / November 13, 2008
State: Ohio
Issues: Voter Registration, Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-02546); U.S. 6th Circuit Court of Appeals (Case 08-4439); Ashland County Common Pleas Court (Case 08-CIV-495)

Issue:

Whether Ohio may prohibit otherwise elligible citizens incarcerated in juvenile detention centers from voting in the county in which they are incarcerated and whether the hearing conducted by the Board of Elections into this matter violated Due Process.

Status:

After dismissal of the action by the federal Court of Appeals, plaintiffs filed an action in state court on 11/4/08.  The court, in its 11/13 decision, affirmed the decision of the Board of Elections that the incarcerated plaintiffs were not residents of Ashland County for voting purposes. 

Ashland County Common Pleas Court

  • Complaint (filed 11/4/08)
  • Motion for Temporary Restraining Order (filed 11/4/08)
  • JUDGMENT ENTRY GRANTING REQUEST FOR TEMPORARY RESTRAINING ORDER FILED AS OUTLINED. HEARING ON THE MERITS OF THE CASE SHALL BE CONDUCTED ON 11/10/08 AT 1:15 PM AS OUTLINED (entered 11/4/08)
  • STIPULATION WITH EXHIBITS FILED PROSECUTOR (filed 11/7/08)
  • SUPPLEMENTAL BRIEF OF DEFENDANTS (filed 11/7/08)
  • PLAINTIFF TROY TOMLIN, GIVES NOTICE OF DISMISSAL OF HIS CLAIMS AGAINST THE DEFENDANTS (filed 11/7/08)
  • MOTION IN LIMINE, MEMORANDUM IN SUPPORT OF MOTION IN LIMINE (filed 11/10/08)
  • PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR INJUNCTIVE RELIEF (filed 11/10/08)
  • JUDGMENT ENTRY PDF (entered 11/13/08)

Court of Appeals Documents

District Court Documents

Commentary

Steven F. Huefner

The Perils of Voting by Mail

Steven F. Huefner

Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

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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

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

more info & analysis...