Last Updated: June 29, 2011 at 9:54 AM
State of Ohio ex rel. Doucher v. Brunner
Case Information
Date Filed / Ended: September 18, 2008 / October 1, 2008
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1872)
Issue:
Whether the Ohio Secretary of State's memorandum, which directs boards of elections to reject absentee ballot applications that do not indicate that the applicants are qualified voters, violates state law. The applications in question were provided by Senator John McCain's presidential campaign. The applications contained a box where applicants could indicate that they were qualified voters. Secretary of State Brunner, in her memorandum, expressed the opinion that failure to check this box should result in the application being rejected.
Status:
Complaint filed on 9/19/08. Answer filed 9/26/08. Case dismissed for want of prosecution on 10/1/08.
Analysis: Ohio "Check-Box" Lawsuit
Ohio Supreme Court Documents
- Complaint in mandamus
(filed 9/19/08) - Summons & complaint issued to respondent(s) (filed 9/22/08)
- 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)
- Answer of Respondent (filed 9/26/08)
- DECISION: Dismissed for want of prosecution (entered 10/1/08)
Related EL@M Articles
- Ohio court dismisses ballot application case, Columbus Dispatch (AP), 10/1/08
- Supreme Court is asked for second time to overrule Brunner in dispute over McCain absent ballot forms, Gongwer (Subscribers Only), 9/22/08.
- Second Absent-Voting Suit Filed; Brunner Now Target of 3 Fast-Track Election Cases, Hannah Report (Subscribers Only), 9/23/08.
- Second Absent-Voting Suit Filed; Brunner Now Targ
- McCain adviser sues Ohio over absentee ballot issue, DispatchPolitics.com, 9/22/08.
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...