Last Updated: June 29, 2011 at 9:54 AM

State ex. rel. Colvin v. Brunner

Case Information

Date Filed / Ended: September 12, 2008 / September 29, 2008
State: Ohio
Issues: Absentee Ballots, Voter Registration
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1813)

Issue:

Whether Secretary of State Jennifer Brunner's directive (2008-63), which gives voters a five-day window (30-35 days before the election) within which they may simultaneously register and receive an absentee ballot, impermissibly conflicts with state statutory election laws. 

DISCLOSURE

Status:

A petition for writ of mandamus was filed with the Ohio Supreme Court on 9/12/08.  Answer filed on 9/22/08.  Plaintiff's brief filed 9/22/08.  The petition for writ of mandamus was denied on 9/29/08.

 

Analysis: Ohio 5-Day Window Suit

Ohio Supreme Court Documents

• Petition for Writ of Mandamus (filed 9/12/08)
• Summons & complaint issued to respondent(s) (filed 9/18/08)
• Answer of Respondent (filed 9/22/08)
• Relators' Submission of Evidence (filed 9/22/08)
• Relator's merit brief (filed 9/22/08)
• Brief of amicus curiae The Ohio AFL-CIO and District 1199 SEIU in support of respondent (filed 9/24/08)
• Affidavit of Scott Stillman in support of the brief of amicus curiae The Ohio AFL-CIO et al. (filed 9/24/08)
• Brief of amici curiae 1Matters et al. in support of respondents (filed 9/24/08)
• Respondent's merit brief (filed 9/25/08)
• Evidence (filed 9/25/08)
• Brief of amici curiae Iraq and Afghanistan Veterans of America (IAVA) and Veterans for America (VFA) in support of respondent (filed 9/25/08)
• Notice of recusal of Justice O'Connor received by Clerk's Office (filed 9/25/08)
• Notice of recusal of Justice Stratton received by Clerk's Office (filed 9/25/08)
• Assignment of Judge William Herman Wolff, Jr. of the Second District Court of Appeals, effective September 25, 2008 (filed 9/26/08)
• Assignment of Judge Lynn Charles Slaby of the Ninth District Court of Appeals, effective September 25, 2008 (filed 9/26/08)
• Reply brief of amicus curiae Larry Wolpert (filed 9/26/08)
• Reply brief (filed 9/26/08)
• Motion to strike brief of amici curiae Iraq and Afghanistan Veterans of America and Veterans for America (filed 9/26/08)
• Motion to strike brief of amicus curiae Representative Larry Wolpert (filed 9/29/08)
• Memo opposing motion to strike brief of amici curiae Iraq and Afghanistan Veterans of America and Veterans for America (filed 9/29/08)
• Slip Opinion
• Entry: Writ denied (entered 9/29/08)
• Slip Opinion (entered 9/29/08) (made available 10/1/08)

Related EL@M Articles

• Secretary of State files response to "same-day" voter registration complaint at Supreme Court Gongwer (Subscribers Only), 9/22/08
• SOS Brunner fighting election lawsuit, Dispatch Blog, 9/22/08
• Ohio Republicans Use Lawsuit To Fight for State's Crucial Votes, Wall Street Journal, 9/13/08