Election Law @ Moritz

Election Law Litigation

Consolidated Minor Party Cases

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(page last updated October 9, 2008 at 2:42 PM)

Case Information

All Courts: U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00224, 2:08-cv-00555, 2:08-cv-00819 )
Topic(s): Ballot Access
State: Ohio
Date Filed: March 7, 2008


Whether the Secretary of State's refusal to give certain minor political parties access to the November 2008 general election ballot is unconstitutional under the first and fourteenth amendments of the U.S. Constitution.


Moore v. Brunner (Socialist Party), Libertarian Party of Ohio v. Brunner, and McKinney v. Brunner (Green Party) have been consolidated by the court.  The court granted plaintiff's motion for a preliminary injunction in Moore on 8/21/08 and ordered that the Socialist Party candidate be placed on the November general election ballot.  The Green Party gave notice of voluntary dismissal on 9/12/08.

Case Summary and Consolidation

Moore v. Brunner (2:08-cv-00819) (Socialist Party USA), Libertarian Party of Ohio v. Brunner (2:08-cv-00555) and McKinney v. Brunner (2:08-cv-00819) (Green Party of the United Staes) involve minor political party challenges to the Ohio Secretary of State's Directive 2007-09. This Directive established procedures for the placement of minor party candidates on the state election ballot.

On 7/25/08, the Secretary of State filed a motion to consolidate Moore with Libertarian Party, due to the similarity of the issues in the case and for the purposes of judicial economy and legal consistency. The cases were ordered to be consolidated by the Court on 8/5/08. On 8/21/08, the Court granted plaintiff's Motion for Preliminary Injunction, and ordered that the Socialist Party Candidate be placed on the general election ballot in November. On 8/29/08, the Secretary of State filed a motion to consolidate Libertarian Party and McKinney. This motion was granted on 9/2/08.

The documents listed below include the case consolidation orders and the Court's 8/21/08 order granting the plaintiff's motion for a preliminary injunction. Any new documents filed in these consolidated cases will appear on this page. For earlier documents, please check the individual case pages linked above.

District Court Documents