Last Updated: June 29, 2011 at 9:54 AM
State ex. rel. Colvin v. Brunner
Case Information
Date Filed / Ended: September 12, 2008 / September 29, 2008
State: Ohio
Issues: Absentee Ballots, Voter Registration
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1813)
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.
Status:
A petition for writ of mandamus was filed with the Ohio Supreme Court on 9/12/08. Answer filed on 9/22/08. Plaintiff's brief filed 9/22/08. The petition for writ of mandamus was denied on 9/29/08.
Analysis: Ohio 5-Day Window Suit
Ohio Supreme Court Documents
- Petition for Writ of Mandamus
(filed 9/12/08) - Summons & complaint issued to respondent(s) (filed 9/18/08)
- Answer of Respondent (filed 9/22/08)
- Relators' Submission of Evidence (filed 9/22/08)
- Relator's merit brief (filed 9/22/08)
- Brief of amicus curiae The Ohio AFL-CIO and District 1199 SEIU in support of respondent (filed 9/24/08)
- Affidavit of Scott Stillman in support of the brief of amicus curiae The Ohio AFL-CIO et al. (filed 9/24/08)
- Brief of amici curiae 1Matters et al. in support of respondents (filed 9/24/08)
- Respondent's merit brief (filed 9/25/08)
- Evidence (filed 9/25/08)
- Brief of amici curiae Iraq and Afghanistan Veterans of America (IAVA) and Veterans for America (VFA) in support of respondent (filed 9/25/08)
- 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)
- Reply brief of amicus curiae Larry Wolpert (filed 9/26/08)
- Reply brief (filed 9/26/08)
- Motion to strike brief of amici curiae Iraq and Afghanistan Veterans of America and Veterans for America (filed 9/26/08)
- Motion to strike brief of amicus curiae Representative Larry Wolpert (filed 9/29/08)
- Memo opposing motion to strike brief of amici curiae Iraq and Afghanistan Veterans of America and Veterans for America (filed 9/29/08)
- Slip Opinion
- Entry: Writ denied (entered 9/29/08)
- Slip Opinion (entered 9/29/08) (made available 10/1/08)
Related EL@M Articles
- Secretary of State files response to "same-day" voter registration complaint at Supreme Court Gongwer (Subscribers Only), 9/22/08
- SOS Brunner fighting election lawsuit, Dispatch Blog, 9/22/08
- Ohio Republicans Use Lawsuit To Fight for State's Crucial Votes, Wall Street Journal, 9/13/08
Commentary
Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments
Owen Wolfe
A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.
This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.
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