Last Updated: September 10, 2010 at 1:40 PM

Hamilton v. Ashland County Board of Elections

Case Information

Date Filed / Ended: September 27, 2008 / November 13, 2008
State: Ohio
Issues: Voter Registration, Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-02546); U.S. 6th Circuit Court of Appeals (Case 08-4439); Ashland County Common Pleas Court (Case 08-CIV-495)

Issue:

Whether Ohio may prohibit otherwise elligible citizens incarcerated in juvenile detention centers from voting in the county in which they are incarcerated and whether the hearing conducted by the Board of Elections into this matter violated Due Process.

Status:

After dismissal of the action by the federal Court of Appeals, plaintiffs filed an action in state court on 11/4/08.  The court, in its 11/13 decision, affirmed the decision of the Board of Elections that the incarcerated plaintiffs were not residents of Ashland County for voting purposes. 

Ashland County Common Pleas Court

• Complaint (filed 11/4/08)
• Motion for Temporary Restraining Order (filed 11/4/08)
• JUDGMENT ENTRY GRANTING REQUEST FOR TEMPORARY RESTRAINING ORDER FILED AS OUTLINED. HEARING ON THE MERITS OF THE CASE SHALL BE CONDUCTED ON 11/10/08 AT 1:15 PM AS OUTLINED (entered 11/4/08)
• STIPULATION WITH EXHIBITS FILED PROSECUTOR (filed 11/7/08)
• SUPPLEMENTAL BRIEF OF DEFENDANTS (filed 11/7/08)
• PLAINTIFF TROY TOMLIN, GIVES NOTICE OF DISMISSAL OF HIS CLAIMS AGAINST THE DEFENDANTS (filed 11/7/08)
• MOTION IN LIMINE, MEMORANDUM IN SUPPORT OF MOTION IN LIMINE (filed 11/10/08)
• PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR INJUNCTIVE RELIEF (filed 11/10/08)
• JUDGMENT ENTRY (entered 11/13/08)

Court of Appeals Documents

• CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES (filed 11/3/08)
• DESIGNATION of RECORD (filed 11/3/08)
• Emergency Motion for Delivery of Provisional Ballots to Plaintiffs-Appellants and to Expedite Appeal (filed 11/3/08)
  • Exhibits A, B, C, D, E, F and G
• DEFENDANTS-APPELLEES MEMORANDUM IN OPPOSITION TO EMERGENY MOTION FOR DELIVERY OF PROVISIONAL BALLOTS TO PLAINTIFFSAPPELLANTS AND TO EXPEDITE APPEAL (filed 11/3/08)
  • Exhibit A
• RESPONSE OF DEFENDANT SECRETARY OF STATE JENNIFER BRUNNER TO THE APPELLANTS’ MOTION (filed 11/3/08)
• REPLY (filed 11/3/08)
• Order (filed 11/3/08)

District Court Documents

• Complaint (filed 10/27/08)
  • Civil Cover Sheet
• Motion for temporary restraining order (filed 10/28/08)
  • Declarations of Hamilton, Brock, Sweazy, Rought, Patton, Ramos, Wofford, Sumlin, Mack, Barrett, Welcher, Seefong, Allen, Tomlin, Mallison, and Carr
  • Declaration of Margie Slagle
• Notice of Temporary Restraining Order Hearing scheduled to be held on 10/31/2008 at 08:00 AM at Courtroom 15A before Judge Donald C. Nugent (entered 10/29/30)
• Motion for Order to Convey filed by Ashland County Board of Elections (filed 10/29/08)
• First Amended complaint against all defendants (filed 10/29/08)
• Response to Motion for temporary restraining order filed by Ashland County Board of Elections (filed 10/30/08)
  • Exhibit
• Reply to response to Motion for temporary restraining order (filed 10/30/08)
  • Affidavit of Angelina Jackson regarding voice mail from Secretary of State's office
  • Affidavit of Karen Wood regarding date of service of notice
  • Exhibit Plain Dealer article
  • Affidavit of Eli Braun regarding Ohio River Valley facility
  • Affidavit of Angelina Jackson regarding Circleville facility
  • Exhibit Ashland Times-Gazette article
• Memorandum Opinion and Order denying Motion for Temporary Restraining Order (entered 10/31/08)
• Judgment Entry regarding Memorandum opinion and Order on Motion for Temporary Restraining Order (entered 10/31/08)
• Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal (filed 11/3/08)
  • Proposed Order
• Opposition to Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal (filed 11/3/08)
• Transcript of TRO held on 10-31-08 before Judge Donald C. Nugent. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/12/2008. Redaction Request due 11/24/2008. Redacted Transcript Deadline set for 12/4/2008. Release of Transcript Restriction set for 2/2/2009 (filed 11/3/08)
• Reply to response to Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs pending appeal (filed 11/3/08)
• Order Denying Motion to stay and for an order to require Defendant Ashland County Board of Elections to provide provisional ballots to Plaintiffs (entered 11/3/08)
• NOTICE OF APPEAL to the 6th Circuit Court of Appeals (filed 11/3/08)
• Order (corrected caption) that Plaintiff's motion for a Temporary Restraining Order is denied and the First Amended Complaint is dismissed with prejudice (entered 11/3/08)
• Acknowledgment from the USCA for Sixth Circuit of receipt of Notice of Appeal (filed 11/3/08)