Last Updated: September 10, 2010 at 1:39 PM

Union County Board of Elections v. Brunner

Case Information

Date Filed / Ended: February 5, 2008 / February 29, 2008
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Union County Common Pleas Court (Case 08 CV 0068); U.S. District Court, Southern District of Ohio (Case 2:08cv112); Franklin County Common Pleas Court (Case 08-CVH-02-2032); Ohio Supreme Court (Case 2008-0410)

Issue:

Whether the Ohio Secretary of State has the authority to require a county board of elections to use paper ballots in elections and whether such requirement violates the Help America Vote Act.

Status:

Complaint filed 2/5/08. Motion for Removal and Transfer filed 2/5/08. TRO issued 2/6/08. Case transferred to Franklin County Common Pleas Court. Notice of removal filed with U.S. District on 2/6/08. Motion to dissolve TRO filed in U.S. District court on 2/6/08. TRO dissolved by Franklin County Common Pleas Court.

Ohio Supreme Court Documents

• Docket
• Complaint (filed 2/22/08)
• Sua Sponte Order (filed 2/25/08)
• Answer of Respondent (filed 2/26/08)
• Brief of Respondent Secretary of State (filed 2/28/08)
• Relators' Merit Brief in Support of Writ of Prohibition (filed 2/28/08)
• DECISION: Writ's denied (entered 2/29/08)

Franklin County Common Pleas Court Documents

• Defendant's Motion to Dissolve Temporary Restraining Order
• Memorandum Contra to Motion to Dissolve Temporary Restraining Order
• Order Dissolving TRO
• Defendant's Post Trial Brief
• Findings of Fact and Conclusions of Law (entered 2/19/08)

U.S. District Court Documents

• Notice of Removal (w/ Ex. A) (filed 2/6/08)
• Complaint filed in Union County CPC (2008 CV 0068) [See below] (filed 2/6/08)
• Motion for TRO & Preliminary Injunction filed in Union County CPC by Plaintiffs [See below] (filed 2/6/08)
• Temporary Restraining Order filed in Union County CPC [See below] (filed 2/6/08)
• Defendant's Memo Contra Plaintiff's Motion for TRO (w/ Ex. A) (filed 2/6/08)
• ORDER This matter is scheduled for a hearing on the parties' respective pleadings on February 12, 2008 at 10:00 a.m. (entered 2/7/08)
• NOTICE by Defendant Jennifer Brunner Withdrawing Removal Petition (filed 2/11/08)

Union County Common Pleas Court Documents

• Verified Complaint for Declaratory Judgment (w/ Ex. 1-3) (filed 2/5/08)
• Motion for Removal and Transfer (filed 2/5/08) [not yet available]
• Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (w/ Ex. 1-2, Proposed Order) (filed 2/6/08)
• Temporary Restraining Order (filed 2/6/08)

Related Links

• Court to hear argument that elections chief overstepped authority, WTOL (AP Article), 2/14/08
• Franklin county judge says paper-ballot restraining order was improper, Columbus Dispatch, 2/11/08.
• Ballot disputes involves three courts, Columbus Dispatch, 2/7/08
• Union County officials contest state's decision on paper ballots, Columbus Dispatch, 2/5/08