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Home > Blogs > Ohio politics > Archives > 2008 > October > 18 > Entry
“Mismatch” legal battle moves to Ohio Supreme Court
Just hours after the Ohio Republican Party lost in the U.S. Supreme Court, the battle over mismatched voter registrations has moved to the all-Republican Ohio Supreme Court in Columbus.
A lawsuit filed on Friday, Oct. 17, against Democratic Secretary of State Jennifer Brunner (pictured) asks the Ohio court to tell Brunner to tell county boards of elections not to process or count absentee ballots cast by voters registered after Jan. 1 before reviewing them for mismatches.
The lawsuit was filed by David Myhal of New Albany, a Columbus suburb. Myhal is a registered Republican in Franklin County and one of his attorneys is William Todd of Columbus who has close ties to the Republican party. The Ohio Republican Party is not an official party to the lawsuit, however.
The new lawsuit deals only with absentee ballots; the U.S. Supreme Court suit included an estimated 200,000 mismatches among nearly 666,000 voters registered since Jan. 1.
The issue is of the “utmost urgency,” the lawsuit says. That’s because Brunner allows county boards to begin removing absentee ballots from their envelopes as early as Oct. 25 and once an absentee ballot is removed from the envelope, its origin is untraceable, the lawsuit says.
Jeff Ortega, spokesman for Brunner, responded to the lawsuit:
“The nation’s highest court has sided with Secretary of State Jennifer Brunner. It’s time for the Ohio Republican Party to stop injecting chaos and confusion into our excellent bipartisan election system.”
The new lawsuit seems more significant than the one before the U.S. Supreme Court, said Edward “Ned” Foley, an election law expert at the Ohio State University law school, because of the requirement that the counties not begin the counting process without using the “mismatch” information.
The new lawsuit was filed late Friday. Earlier Friday, the U.S. Supreme Court threw out an order from a lower federal court directing Brunner to provide county boards of elections with details of how personal information on new voter registration forms doesn’t match information on drivers’ licenses or Social Security records.
The U.S. Supreme Court said the Ohio GOP likely would not prevail on the underlying question of whether the lower federal court was authorized to act on a lawsuit brought by a private entity- the state GOP - as opposed to a governmental entity.
Since Myhal is suing in state court, not federal court, the private plaintiff/government plainiff distinction that the U.S. Supreme Court relied on in throwing out the order does not apply, said Foley.
Brunner has said that an estimated 200,000 of the nearly 666,000 voter registration forms filed since Jan. 1 have mismatched information but that much of it is due to clerical errors. Her office has said a system to check the mismatches exists, just not the one the Ohio GOP is seeking.
The U.S. Supreme Court did not express an opinion on whether Brunner was correctly implementing the federal Help America Vote Act, the law the Ohio GOP said she was not complying with.
In the state case, the Ohio Supreme Court ordered Brunner to respond by Monday and for both sides to submit briefs by Friday, Oct. 24, the day before absentee ballot envelopes are scheduled to be opened.
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By buy proviron
March 3, 2011 3:37 AM | Link to this
Really like the graphical design and navigation of the site, easy on the eyes and good content. other sites are just way too overflowing with adds
By True America
November 2, 2008 11:36 AM | Link to this
The term “mismatch” is so misleading. Think of the mismatch in this manner, if you get married and change your last name, you move or lost your home recently (which has happen to many people here in Ohio), obviously your information will not be the same. Your formal name is Robert but you use Bob. All of this is define by “mismatched”. Wake up America.
By Qball
October 19, 2008 7:17 PM | Link to this
Interesting that checking to ensure you really are the person you claim for voting and that you actually live in the state and are not pulling a scam is somehow suppressing the vote but screaming and threatening republicans so they have to cancel speeches for safety reasons is not suppressing free speech. I remember the last election and because my DAUGHTER who was 9 and watched the debates preferred Bush and wrote on my car “Vote Bush!” I was leyed repeatedly, the lights were smashed, hateful remarks were painted on it and the body was damaged. But that was not an attempt to suppress my freedom of speech or my vote. After all, the handicapped placard, USMC stickers on it and the Southwest Asia service plates were not an indication I am a disabled veteran and they all claimed to support the troops and vets but not the war.
By 04waswonbycheatin
October 19, 2008 3:10 PM | Link to this
Why didnt they check the votes in 04? Bush only became president by stealing votes that he never had-that is the rep. problem—they think they can take everything they want-and when they can’t they go BESERK!!!
By shaen
October 19, 2008 11:10 AM | Link to this
Since the republicans always resort to dirty tricks when they are losing, it is no surprise that they would attempt to call the upcoming election unfair. Next on the republican agenda will be to say that Darth Vader and the death star are using “the force” on Colin Powell and that is why the good general endorses Obama. You republicans should go get some counseling.
By ToothFairy
October 18, 2008 9:56 PM | Link to this
Hot diggy do dah, Mr. Bluebird on my shoulder…., Sistah Ethel! Didn’t know you being one of us forgotten class? Shidang sistah! I can’t be waiting to trade in ma foodstamps for one of dem ACORN mortgages! Maybe you be one of ma new neighbors! Wanna share a u-haul from our section 8 units? Ah, the big dream… to be middle class!!! But come on now, even little ol uneducateds ignorant me can tells the difference between a hog and a heffer. Ya not suggesting reg’ing problems is same as fraud? I’m mean, is reg’ing da same as votin?
By Ethel S.
October 18, 2008 9:14 PM | Link to this
Why doesn’t Secretary Brunner call in the Sheriff of Nottingham, Robin Hood Obama to clean up this situation? With Obama, theory of “trickle up economics,” he can make us all at least middle class! Then who cares if there are voter registration problems or voter fraud. We will all be taken care of by the State.
By Diobold Inc
October 18, 2008 8:00 PM | Link to this
Yesssssirreee!! Them darn anti-American, socialist, activist judges on the sacred Ohio Supreme Court ain’t letting our modern day disciples do God’s work. Yall know it being God’s will to suppress the poor and communist immigrants from votin. Don’t yall worry none. Our third rate vote rigging software, which be the best bang for the buck, is proven real good at losing packets containing thousands of votes in a blink of an eye before they can ever get stored in the central database. And meanwhiles, the McCainians are doing real good in their part spreadin the propaganda bout ACORN to keep the media and everyone else distracted. Go GOP!!!
By aikanae
October 18, 2008 5:00 PM | Link to this
The GOP is intentionally mixing up voter registration fraud with voting fraud. They aren’t the same. Mickey Mouse and Donald Duck are not going to be able to vote, even if they are registered. THINK.
By Theft by Deception
October 18, 2008 4:17 PM | Link to this
I find Brunner’s actions deplorable. She needs frraud is taking place and this posse roundup by Obama is sickening. This is the right course of action to take. Bruner, Mann, Strickland, and Brown have done nothing since being elected for Ohio, other than position Ohio for the Democratic Party. It angers me greatly. They all should be voted out of office. The Ohio law is clear on this point, and Brunner is violating it. I believe without question, the Ohio Supreme Court will order her to comply with the statute and match the database info.
By CTunner
October 18, 2008 4:08 PM | Link to this
I guess if you don’t have anything thing to run on and your negative attacks don’t work the only thing you have left is to try and suppress the vote. How un-American of the RNC and their lackeys. I hope the people win and are able to vote then I hope they throw all these crooks out. Remember when you go to cast your vote who worked so hard to deny you that right.
By Sue
October 18, 2008 2:05 PM | Link to this
There are virtually no known cases of voters registering under multiple names and voting multiple times. Yet there is enormous evidence of RNC GOP election tampering in several states for several years. This is a fake issue coming from the Ohio GOP and Obama is investigating it. This week, voters in Virginia tried to touch screen vote for Obama and the vote switched to McCain. The fraud is all on the GOP side. Blackwell is gone, and this election will not be stolen, like it was in 04.
By Mike
October 18, 2008 12:26 PM | Link to this
Why did Brunner not initially advise people of the 200,000 unmatched registrationns? Why would any honest official permit registration and voting at the same time, without giving benefit of checking the registrations first? Why would an honest Sec of State not go overboard in making sure any election is transparently fair and legitimate? Brunner does not pass the smell test.
By shaen
October 18, 2008 11:33 AM | Link to this
If we had honest and fair elections in 2000 and 2004, Bush would never have been president.
By james
October 18, 2008 9:54 AM | Link to this
We need a honest and fair election. McCain will carry the state if it is a honest election.
By adfwe
October 18, 2008 9:14 AM | Link to this
After President Obama takes office, we can start focusing on the future of our country. And, rebuild our country after what Bush and the neocons have done. Perhaps we will be able to view all the crimes committed by the Bush administration and put them on trial.