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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

O'Farrell v. Landis

Case Information

Date Filed: December 24, 2012
State: Ohio
Issue: Election Contest
Courts that Heard this Case: Ohio Supreme Court (Case 12-2151)

Issue:

Whether various election irregularities occurred in Tuscarawas County requiring a recount under Ohio law of absentee and provisional ballots in certain precincts.

Status:

Petition filed 12/24/12. Motion for Hand Count and/or Inspection of Certain Ballots filed 12/28/12. Memo in Opposition filed 12/31/12. Answer filed 1/7/12. Order denying motion for hand count, visual inspection, and recount at this time and Order requiring Boards of Elections to place ballots under seal filed 1/8/13. Answer filed 1/9/13. Motion to Compel Production of Ballots filed 1/11/13. Motion to Dismiss Holmes County Board of Elections filed 1/18/13. O'Farrell's Memo in Opposition to Motion to Dismiss filed 1/22/13. Landis' Memo in Opposition to Motion to Dismiss filed 1/24/13. Answer of Holmes County Board of Elections filed 2/1/13. Evidence of Contestee Landis filed 2/4/13. O'Farrell's Merit Brief filed 2/11/13. Landis' Merit Brief filed 2/19/13. Entry Directing Clerk to file record with Ohio House of Representatives filed 2/22/13. Ohio House committee recommends that full House uphold election result, 5/7/13. Ohio House adopts Resolution 130 upholding election result, 5/22/13.

Ohio Supreme Court Documents

Ohio House of Representatives Documents

Related News Articles

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

U.S. District Judge Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

more info & analysis...