Last Updated: September 10, 2010 at 1:39 PM
State ex rel. Mahal v. Brunner
Case Information
Date Filed / Ended: October 17, 2008 / October 21, 2008
State: Ohio
Issues: State Voter Registration Databases, Voter Registration
Courts that Heard this Case: Ohio Supreme Court (Case 2008-2027); U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00983)
Issue:
The plaintiff, a registered Republican, is asking the Ohio Supreme Court in mandamus to order Jennifer Brunner to share HAVA mismatches with county BOE's in a user-friendly way that allows them to investigate mismatches. Plaintiff is also asking the court to require BOE's to look at this information and consider it in evaluating whether to count absentee ballots.
Status:
Complaint filed 10/17/08 in the Ohio Supreme Court. Notice of Removal filed on 10/20/08 with federal district court. The district court remanded the case back to the Ohio Supreme Court on 10/20/08. Answer filed on 10/20 in Ohio SC. Caused dismissed by the Ohio Supreme Court on 10/21/08.
Ohio Supreme Court Documents
- Expedited Petition for Writ of Mandamus
(filed 10/18/08) - Briefing Entry
(filed 10/18/08) - Notice of recusal of Justice O'Connor, received by Clerk's Office (filed 10/20/08)
- Notice of recusal of Justice Stratton, received by Clerk's Office (filed 10/20/08)
- Briefing Entry
(entered 10/20/08) - Respondent Secretary of State Jennifer Brunner's notice of removal
(filed 10/20/08) - E-mail notification received by Clerk's Office regarding assignment of Judge Lynn Charles Slaby, Ninth District Court of Appeals, for Justice O'Connor
- E-mail notification received by Clerk's Office regarding assignment of Judge William Herman Wolff, Jr., Second District Court of Appeals, for Justice Stratton
- Answer of respondent
(filed 10/20/08) - Assignment of Judge Lynn Charles Slaby of the Ninth District Court of Appeals, effective October 20, 2008
- Assignment of Judge William Herman Wolff, Jr. of the Second District Court of Appeals, effective October 20, 2008
- Application for dismissal of case
(filed 10/21/08) - Cause dismissed
(filed 10/21/08)
U.S. District Court Documents
- NOTICE OF REMOVAL
(filed 10/20/08)
- Memorandum in Support of Notice of Removal
(filed 10/20/08) - Ohio Supreme Court Complaint
(filed 10/20/08) - ORDER remanding case to the Supreme Court of Ohio
(entered 10/20/08)
Related Articles
- Federal judge sends elections case back to Ohio Supreme Court, Plain Dealer Politics Blog, 10/20/08
- Brunner asks that state lawsuit be moved to federal court, Plain Dealer Politics Blog, 10/20/08
- Republicans file new lawsuit against Brunner, Columbus Dispatch , 10/17/08


Commentary
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...