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

Ohio Republican Party et al v. Brunner

Case Information

Date Filed / Ended: September 26, 2008 / October 17, 2008
State: Ohio
Issues: Absentee Ballots, Early Voting, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:08-cv-00913); U.S. Court of Appeals for the 6th Circuit (Case 08-4242, 08-4243, 08-4322); U.S. Supreme Court (Case 08A332)

Issue:

Whether Secretary of State Jennifer Brunner's directive (2008-63), which gives voters a five-day window (30-35 days before the election) within which they may simultaneously register and receive an absentee ballot, impermissibly conflicts with state statutory election laws.  Plaintiffs are also challenge Advisory 2008-24, in which Secretary Brunner advises county boards of elections that they are not required to permit party observers at polling places during this period of time.  Plaintiffs are also alleging violations of the Help America Vote Act (HAVA).

DISCLOSURE

Status:

The district court issued the TRO on 10/10/10.  A three-judge panel of the 6th Circuit vacated this TRO on 10/11/08; however, a full panel of the appellate court, in an en banc review, reinstated the district court's TRO on 10/14/08.  The U.S. Supreme Court vacated the TRO in a per curiam decision released on 10/17/08.  The plaintiffs filed an amended complaint in the district court on 11/4/08.

District Court Documents

• Verified Complaint for Temporary Restraining Order and Preliminary and Permanent Injunction (filed 9/26/08)
  • Civil Cover Sheet
• MOTION for Temporary Restraining Order (filed 9/26/08)
  • Exhibit A , Exhibit B , Exhibit C , Exhibit D
• NOTICE OF HEARING: Hearing on the TRO set for 9/29/2008, 2:00 PM in Courtroom 4 before George C Smith (entered (9/26/08)
• MOTION to Change Venue by Defendant Jennifer Brunner (filed 9/27/08)
  • Exhibit A Complaint in Project Vote v Madison County
  • Exhibit B Order setting TRO Hearing
  • Exhibit C Order in Northeast Ohio Homeless Coalition
  • Exhibit D Dispatch Article
• Brief of Amicus Curiae in Opposition to Plaintiff's Motion for TRO (filed 9/28/08)
• MOTION for Leave to File Amicus Brief by Amicus Ohio American Federation of Labor-Congress of Industrial Organizations (filed 9/28/08)
• Brief of Amicus Curiae in Opposition to Plaintiff's Motion for TRO (filed 9/28/08)
• MOTION for Leave to File Amicus Brief by Amicus District 1199, et al. (filed 9/28/08)
• ORDER denying Motion to Change Venue (entered 9/28/08)
• RESCHEDULING NOTICE of Hearing on Motion for Temporary Restraining Order : Motion Hearing RESCHEDULED for 9/29/2008 @ 11:00 AM before George C Smith.
• RESPONSE in Opposition to MOTION for Temporary Restraining Order filed by Defendant Jennifer Brunner (filed 9/29/08)
  • Affidavit Patricia Wolfe
• MOTION for Leave to File Amicus Brief (filed 9/29/08)
• Brief of Amicus Curiae ACLU of Ohio, et al. (filed 9/29/08)
  • Appendix A - Complaint in Project Vote v. Madison County
  • Appendix B - TRO brief in Project Vote v. Madison County
• MOTION to Intervene of Veterans For America (VFA) by Amicus Veterans for America (filed 9/29/08)
• RESPONSE in Opposition to MOTION to Change Venue And To Consolidate filed by Plaintiffs Ohio Republican Party, et al. (filed 9/29/08)
  • Attachment
• RESPONSE in Support of MOTION to Intervene of Veterans For America (VFA) filed by Amicus Veterans for America (filed 9/29/08)
• RESPONSE in Opposition to MOTION for Temporary Restraining Order filed by Amicus Veterans for America (filed 9/29/08)
• ORDER granting Motion for Leave to File amicus briefs (entered 9/29/08)
• ORDER granting in part and denying in part Motion for TRO (entered 9/29/08)
• Notice of Appeal (filed 9/29/08)
• ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER (entered 9/29/08)
• Notice of Appeal (filed 9/29/08)
• NOTICE OF APPEAL as to Order on Motion to Change Venue and Order by Defendant Jennifer Brunner (filed 9/30/08)
• ANSWER to Complaint by Defendant Jennifer Brunner (filed 10/2/08)
• Renewed MOTION for Temporary Restraining Order Following Interlocutory Appeal by Plaintiff Ohio Republican Party (filed 10/5/08)
  • Tab A, Tab B, Tab C, Tab D, Tab E
  • Text of Proposed Order
• SCHEDULING ORDER (entered 10/6/08)
• MOTION for Extension of Time to File Response/Reply to MOTION for Temporary Restraining Order (filed 10/6/08)
• ORDER granting Motion for Extension of Time (entered 10/7/08)
• MOTION for Leave to File Amicus Brief in Opposition to Plaintiffs' Renewed Motion for TRO by Amicus Parties (filed 10/7/08)
• Amicus Brief in Opposition to Plaintiffs' Renewed Motion for TRO by Amicus Parties (filed 10/7/08)
• MOTION for Hearing on Plaintiff's Renewed MOTION for Temporary Restraining Order (filed 10/8/08)
• RESPONSE in Opposition to MOTION for Temporary Restraining Order (filed 10/8/08)
• Notice of Filing Evidence (filed 10/8/08)
  • Maragos Affidavit
    • Exhibit A to Affidavit
    • Exhibit A2 to Affidavit
    • Exhibit A3 to Affidavit
    • Exhibit A4 to Affidavit
  • Exhibit B SSN Mismatch
  • Exhibit C BMV Dead
  • Exhibit D BMV Notice to Franklin County
  • Farrell Affidavit
    • Exhibit A to Affidavit
    • Exhibit B to Affidavit
    • Exhibit C to Affidavit
    • Exhibit D to Affidavit
    • Exhibit E1 to Affidavit
    • Exhibit E2 to Affidavit
  • Exhibit C Directive 2008-63
• MOTION for Leave to File Corrected Memo In Opposition To Second Temporary Restraining Order (filed 10/8/08)
  • Appendix Corrected Memo Contra Second TRO
• ORDER granting Motion for Leave to File amicus brief (entered 10/8/08)
• ORDER granting Motion for Hearing (entered 10/8/08)
• Set Deadlines: Motion Hearing as to Renewed MOTION for Temporary Restraining Order Following Interlocutory Appeal set for 10/9/2008 @ 11:00am before George C Smith (10/9/08)
• Reply in Support of Renewed Motion for Temporary Restraining Order (filed 10/9/08)
• Order (filed 10/9/08)
• Notice of Appeal (filed 10/9/08)
• Motion to Stay Temporary Restraining Order (filed 10/10/08)
• TEMPORARY RESTRAINING ORDER (entered 10/10/08)
• Order Denying Motion to Stay (entered 10/10/08)
• USCA Case Number USCA 6th for Notice of Appeal filed by Jennifer Brunner (filed 10/10/08)
• TRANSCRIPT filed for dates of 10/09/08 before Judge Smith (filed 10/10/08)
• NOTICE of Correcting Record by Defendant Jennifer Brunner (filed 10/13/08)
  • Exhibit
• Transcript of Proceedings held on 10/9/08, before Judge Smith (filed 10/14/08)
• STATUS REPORT by Defendant Jennifer Brunner (filed 10/15/08)
  • Affidavit of G Thomas Worley
• MOTION for Leave to File an Amended and Supplemental Complaint for Preliminary and Permanent Injunction (filed 11/4/08)
• AMENDED COMPLAINT For a Preliminary and Permanent Injunction against Jennifer Brunner (filed 11/4/08)
• ORDER granting Motion for Leave to File an Amended and Supplemental Complaint (entered 11/4/08)
• MOTION to Consolidate Cases by Defendant Jennifer Brunner (filed 11/4/08)
• Supplemental Memorandum Supporting MOTION to Consolidate Cases by Interested Party The Northeast Ohio Coalition for the Homeless & Service Employees International Union Local 1199 (filed 11/4/08)
• RESPONSE in Opposition MOTION to Consolidate Cases filed by Plaintiff Ohio Republican Party (filed 11/4/08)
• RESPONSE in Support MOTION to Consolidate Cases filed by Defendant Jennifer Brunner (filed 11/4/08)
• ORDER granting Motion to Consolidate Cases (entered 11/6/08)
• ORDER (Telephonic Status Conference set for 11/14/2008 09:00 AM in teleconference before Algenon L. Marble) (entered 11/13/08)
• MOTION to Consolidate Cases (filed 11/14/08)
• ANSWER to Amended Complaint by Defendant Jennifer Brunner (filed 11/19/08)
• Stipulation of Dismissal (filed 11/24/08)
• Mandate of USCA (filed with USCA on 11/21/08) (entered 11/25/08)
• ORDER of USCA (filed with USCA on 11/25/08) (entered 11/26/08)

U.S. Supreme Court Documents

• Application to Stay TRO (filed 10/15/08)
  • Exhibit 1 (filed 10/15/08)
• Opposition to Application for Stay (filed 10/16/08)
  • Certificate of Service (filed 10/16/08)
• Reply Brief in Support of Stay Application (filed 10/16/08)
• Motion for Leave to File Amicus Brief & Amicus Brief (filed 10/16/08)
• Decision (filed 10/17/08)

Court of Appeals Documents - Second Appeal (08-4322)

• Emergency Motion to Vacate or Stay TRO (filed 10/10/08)
• ORDER filed directing the plaintiff to file a response by 5 p.m. today to the Ohio Secretary of State's motion for stay pending appeal (entered 10/10/08)
• Amicus Brief (filed 10/10/08)
• Motion for Initial En Banc Consideration and for Expedited Briefing Schedule (filed 10/10/08)
• Opinion (filed 10/11/08)
• Renewed Petition for Immediate En Banc Review (filed 10/11/08)
• APPEARANCE filed for Amicus Curiae Ohio Democratic Party in 08-4242, 08-4243, 08-4251 (filed 10/13/08)
• MOTION to file AMICUS BRIEF filed by Mark A. McGinnis for Ohio Democratic Party (filed 10/13/08)
• APPEARANCE filed for Amicus Curiae Brennan Center for Justice at NYU School of Law (filed 10/13/08)
• MOTION to file AMICUS BRIEF filed by Christopher P. Thorman for Brennan Center (filed 10/13/08)
• AMICUS BRIEF filed by Mr. Christopher P. Thorman for Brennan Center for Justice at NYU School of Law (filed 10/13/08)
• En Banc Order & Opinion (filed 10/14/08)
• Traditional format of published ORDER (filed 10/15/08)
• MANDATE (entered 11/21/08)

Court of Appeals Documents - First Appeal (08-4242, 08-4243)

• Emergency Motion of Defendant-Appellant Ohio Secretary of State to Vacate or Stay District Court's Temporary Restraining Order (filed 9/29/08)
• Response to Emergency Motion to Stay Pending Appeal and Emergency Motion for Injunction Pending Appeal (filed 9/29/08)
  • Notice of Appeal
  • Temporary Restraining Order
  • Opinion & Order
  • Order
• Secretary's Response to Motion and Reply to Response (filed 9/30/08)
• Reply in Support of Emergency Motion (filed 9/30/08)
  • Exhibit
• Opinion (filed 9/30/08)
• This DECISION, which was issued on September 30, 2008, is placed in the TRADITIONAL PUBLISHED OPINION FORMAT (filed 9/30/08)
• Briefing Letter (entered 10/6/08)
• Emergency Motion to Vacate or Stay TRO (filed 10/10/08)
• Amicus Brief (filed 10/10/08)

Related Links

• Ohio Files Appeal to Supreme Court on Voter Registration Data, Washington Post, 10/16/08
• Brunner appeals case involving new voter registrations, DispatchPolitics.com, 10/16/08
• Court decision could threaten voting right: Ohio Secretary of State Jennifer Brunner, Cleveland Plain Dealer, 10/16/08
• 200,000 voting registrations in doubt, DispatchPolitics.com, 10/16/08
• Full Appeals Court Rules Brunner Must Provide List of Mismatched Registrations, Hannah Report (Subscribers Only), 10/15/08
• Three courts rule on absentee issue, DispatchPolitics.com, 9/30/08
• Courts OK Ohio’s same-day voting, registration, Toledo Blade, 9/30/08
• Ohio Republican Party Asks Federal Judge To Block Same Day Voter Registration, Balloting, Gongwer Special Report (Subscribers Only), 9/26/08

Related Cases

• State ex rel. Skaggs v. Brunner
• State ex. rel. Colvin v. Brunner
• Project Vote v. Madison County Board of Elections
• Consolidated Case: NEOCH v. Blackwell