Last Updated: July 11, 2013 at 9:20 AM

O'Farrell v. Landis

Case Information

Date Filed: December 24, 2012
State: Ohio
Issue: Election Contest
Courts that Heard this Case: Ohio Supreme Court (Case 12-2151)

Issue:

Whether various election irregularities occurred in Tuscarawas County requiring a recount under Ohio law of absentee and provisional ballots in certain precincts.

Status:

Petition filed 12/24/12. Motion for Hand Count and/or Inspection of Certain Ballots filed 12/28/12. Memo in Opposition filed 12/31/12. Answer filed 1/7/12. Order denying motion for hand count, visual inspection, and recount at this time and Order requiring Boards of Elections to place ballots under seal filed 1/8/13. Answer filed 1/9/13. Motion to Compel Production of Ballots filed 1/11/13. Motion to Dismiss Holmes County Board of Elections filed 1/18/13. O'Farrell's Memo in Opposition to Motion to Dismiss filed 1/22/13. Landis' Memo in Opposition to Motion to Dismiss filed 1/24/13. Answer of Holmes County Board of Elections filed 2/1/13. Evidence of Contestee Landis filed 2/4/13. O'Farrell's Merit Brief filed 2/11/13. Landis' Merit Brief filed 2/19/13. Entry Directing Clerk to file record with Ohio House of Representatives filed 2/22/13. Ohio House committee recommends that full House uphold election result, 5/7/13. Ohio House adopts Resolution 130 upholding election result, 5/22/13.

Ohio Supreme Court Documents

• Petition (filed 12/24/12)
• Entry Setting Schedule (filed 12/24/12)
• Summons to Contestee (filed 12/26/12)
• Motion to Appoint Process Server (filed 12/26/12)
• Order Appointing Process Server (filed 12/26/12)
• Contestor's Notice of Depositions (filed 12/27/12)
• Contestor's Second Notice of Depositions (filed 12/28/12)
• Motion for Order to Hand Count and/or Permit Inspection of Certain Ballots (filed 12/28/12)
• Memo in Opposition to Petitioner's Motion (filed 12/31/12)
• Amended Motion for Order to Hand Count Ballots (filed 1/3/13)
• Order Setting Date for Contestee to Respond to Motion (filed 1/3/13)
• Memo In Opposition to Petitioner's Motion for Hand Count (filed 1/7/13)
• Motion for Clerk to Serve Petition and Summons (filed 1/7/13)
• Answer of Contestee (filed 1/7/13)
• Order Denying Motion for Hand Count, Inspection, and Recount at this time; Order Requiring Boards of Elections to Place Ballots Under Seal (filed 1/8/13)
• Summons Issued to Respondents (filed 1/9/13)
• Answer of Tuscarawas County Board of Elections (filed 1/9/13)
• Tuscarawas County Board of Election's Response to Show Cause Order (filed 1/11/13)
• O'Farrell's Response to Show Cause Order (filed 1/11/13)
• O'Farrell's Motion to Compel Production of Ballots (filed 1/11/13)
• Landis' Memorandum in Opposition to Motion to Compel Production of Ballots (filed 1/14/13)
• Contestor's Evidence Volume 1 (filed 1/14/13)
• Contestor's Evidence Volume 2 (filed 1/14/13)
• Contestor's Evidence Volume 3 (filed 1/14/13)
• O'Farrell's Motion to Supplement Motion to Compel (filed 1/15/13)
  • Motion Denied (filed 1/16/13)
  • Slip Opinion on Denial of Motion (filed 1/16/13)
• Motion to Dismiss Holmes County Board of Elections as a Respondent (filed 1/18/13)
• O'Farrell's Opposition to Motion to Dismiss Holmes County Board of Elections (filed 1/22/13)
• Landis' Memorandum in Opposition to Motion to Dismiss Holmes County Board of Elections (filed 1/24/13)
• Answer of Holmes County Board of Elections (filed 2/1/13)
• Evidence of Contestee Al Landis (filed 2/4/13)
• O'Farrell's Merit Brief (filed 2/11/13)
• Merit Brief of Contestee Al Landis (filed 2/19/13)
  • Appendix (filed 2/19/13)
• Entry Directing Clerk to File Record with Ohio House of Representatives (filed 2/22/13)
• Contestee Motion for Costs (filed 6/26/13)
• Contestor Memo in Opposition to Motion for Costs (filed 7/1/13)
• Order Granting Costs in the Amount of $1,704.20 (filed 7/11/13)

Ohio House of Representatives Documents

• Transcript of Select Committee Hearing (3/21/13)
• Transcript of Select Committee Hearing (4/23/13)
  • PowerPoint Presentation of Landis' Attorney (presented at April 23, 2013 hearing)
  • Binder of Materials Presented by Attorney for Tuscarawas County Board of Elections (presented at April 23, 2013 hearing)
• Transcript of Select Committee Hearing (5/7/13)
• Select Committee Majority Report of Findings and Recommendations (5/7/13)
• Select Committee Minority Party Member Recommendations (5/7/13)
• House Resolution 130 Adopted (59-33) Upholding Election Result (5/22/13)
  • Video of House proceedings

Related News Articles

• Ohio House to decide fate of 98th District seat (New Philadelphia Times Reporter, 2/22/13)
• 98th District: House panel upholds Landis' win over O'Farrell (Canton Repository, 5/8/13)