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

Libertarian Party of Ohio v. Brunner

Case Information

Date Filed: June 6, 2008
State: Ohio
Issue: Ballot Access
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00555)

Issue:

Whether the Secretary of State's refusal to give the Libertarian Party of Ohio access to the November 2008 general election ballot deprives "plaintiffs of speech, voting and associational rights secured by the First and Fourteenth amendments to the Constitution of the United States."

Status:

Complaint filed 6/6/08.  Motion for Preliminary Injunction filed on 6/16/08 and granted on 7/17/08.  Answer filed on 8/7/08.

Case Summary and Consolidation

Moore v. Brunner (2:08-cv-00819) (Socialist Party USA), Libertarian Party of Ohio v. Brunner (2:08-cv-00555) and McKinney v. Brunner (2:08-cv-00819) (Green Party of the United States) involve minor political party challenges to the Ohio Secretary of State's Directive 2007-09. This Directive established procedures for the placement of minor party candidates on the state election ballot.

On 7/25/08, the Secretary of State filed a motion to consolidate Moore with Libertarian Party, due to the similarity of the issues in the case and for the purposes of judicial economy and legal consistency. The cases were ordered to be consolidated by the Court on 8/5/08. On 8/21/08, the Court granted plaintiff's Motion for Preliminary Injunction, and ordered that the Socialist Party Candidate be placed on the general election ballot in November. On 8/29/08, the Secretary of State filed a motion to consolidate Libertarian Party and McKinney. This motion was granted on 9/2/08.

The documents listed below include the case consolidation orders and the Court's 8/21/08 order granting the plaintiff's motion for a preliminary injunction. For earlier documents, please check the individual case pages linked above.

District Court Documents

• Complaint (filed 6/6/08)
• NOTICE Civil Cover Sheet re Complaint (filed 6/9/08)
• ORDER - ORAL ARGUMENT set for 7/14/2008 (entered 6/16/08)
• AMENDED COMPLAINT against all defendants, filed by all plaintiffs (filed 6/16/08)
  • Exhibit Certificate of Nomination (filed 6/16/08)
  • Affidavit Leech's Declaration (filed 6/16/08)
  • Affidavit LPO's Declaration (filed 6/16/08)
  • Affidavit Noble's Declaration (filed 6/16/08)
• MOTION for Preliminary Injunction by Plaintiffs Libertarian Party of Ohio (filed 6/16/08)
  • Memorandum (filed 6/16/08)
• RESPONSE in Opposition regarding MOTION for Preliminary Injunction (filed 6/30/08)
  • Pat Wolfe Affidavit
  • Exhibit B
  • Exhibit C
  • Exhibit D
• REPLY to Response to MOTION for Preliminary Injunction (filed 7/10/08)
• AFFIDAVIT regarding Reply to Response to Motion for Preliminary Injunction (filed 7/11/08)
• Response 1930 Ohio AG Opinion by Plaintiffs (filed 7/11/08)
• NOTICE by Plaintiffs regarding Reply to Response to Motion Supplemental Authority (filed 7/14/08)
• Minute Entry for proceedings (filed 7/14/08)
• NOTICE of Hearing: Pretrial Conference set for 8/27/2008 (filed 7/14/08)
• NOTICE by Plaintiffs of a stipulated statement on the origins of Art V Sec 7 of the Ohio Constitution (filed 7/15/08)
• OPINION AND ORDER granting Plaintiffs' Motion for Preliminary Injunction and ORDERS that Plaintiffs be placed on the 2008 general election ballot for the state of Ohio (entered 7/17/08)
• MOTION to Consolidate Cases (filed 7/25/08)
• ORDER granting Motion to Consolidate (entered 8/5/08)
• ANSWER to Amended Complaint (filed 8/7/08)
• RESPONSE in Opposition regarding Second MOTION for Preliminary Injunction (filed 8/14/08)
• RULE 26(f) REPORT by Plaintiffs Libertarian Party of Ohio (filed 8/20/08)
• MOTION to Consolidate Cases by Defendant Jennifer Brunner (filed 8/29/08)
• ORDER granting Motion to Consolidate (entered 9/2/08)
• NOTICE of Voluntary Dismissal by Plaintiffs (filed 9/12/08)