Miscellaneous

Sue Early, Sue Often

By Anne Skove, Esq.

What, you think people can wait until *after* the election to start the cavalcade of election lawsuits?

Nope! Here in the midwest we are already awash in controversy. Last SCOTUS term, the Supremes decided that an Indiana law requiring voters to show photo ID was not an undue burden on the right to vote. The requirement was found to support the legitimate state interest in preventing voter fraud. See Crawford v. Marion County Election Board, 553 U.S. ___ (2008).

It's a safe guess that individual voter fraud is about as common a phenomenon as the "stealth juror." Think about it: how much time and energy do we spend trying to get people to show up for jury service or to the polls on Election Day? Jury boxes and voting booths are about as popular as the voluntary root canal line. Indeed, a League of Women Voters of Ohio report found that in 2002 and 2004, only 4 ineligible people attempted to vote. See Ohio Vote: Fair or Fraud? Jon Craig, Cincinnati Enquirer (October 13, 2008).

Proponents of early voting believe that in a heavy election year such as 08, the lines to booths will be long. In Lake County, Indiana (not to be confused with Lake County, Illinois, which also allows early voting), a federal judge has sent early voting back to state court. See Van Bokkelen Sends Early Voting Back to Lake County Court, Bill Dolan, Northwest Indiana Times (October 13, 2008).

Ohio's secretary of state Jennifer Brunner has been vindicated (for now) by the federal court, which upheld "one-stop voting," in which citizens may register to vote and cast a ballot simultaneously. See Courts Allow Same-Day Vote Window to Go Forward in Ohio, Mary Pat Flaherty, Washington Post (September 29, 2008).

Stay tuned for more about State ex rel. Stokes v. Brunner (2008-1950); briefs are due Tuesday. Mandami are as popular as Buckeye balls.

The Supreme Court of Ohio ordered Brunner "to issue [a] directive to boards of elections that they may not reject any absentee-ballot application because of an unmarked box next to the qualified-elector statement." Request forms for absentee ballots (reproduced in the slip opinion) included a check box next to the statement "I am a qualified elector and would like to receive an Absentee Ballot for the November 4, 2008 General Election." The SOS rejected all such forms without checked boxes. The court held that a signature sufficed. See State ex rel. Myles v. Brunner, slip opinion (October 2, 2008).

Watch out, Madame Secretary! Already editorials are stacking up against her...a taste of things to come post-election if Republicans lose the presidency. See Court, GOP, Even ACLU Agree: Brunner's Wrong, Peter Bronson (not to be confused with Pierce Brosnan), Cincinnati Enquirer (October 7, 2008).

Brunner discussed Ohio's efforts to ensure safe and happy voting on Talk of the Nation last week. See/hear Ohio Works to Prevent Voting Irregularities, TOTN (October 9, 2008).

Feel like listening to a lecture on election law -- an "electure" in every sense of the word? Check out the Election Law Program, featuring Professors Hasan, Rubin, and Foley.

Working on a judicial campaign in Ohio? Candidates and staffers alike may take advantage of the Supreme Court of Ohio's Judicial Candidate Information. Questions about campaign conduct and fundraising (Canon 7) are fielded by Rick Dove and company.

Based in Ohio but covering the nation is Election Law @ Mortiz (Mortiz being Ohio State's law school). Very well-organized and up-to-date!

Exhausted from being wooed by pols via TV? We suggest a movie night featuring Election.

Full post as published by court-o-rama.org on October 13, 2008 (boomark / email).