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Validity Requirements for Provisional Ballots

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 9, 2023

Ohio ex rel. Skaggs v. Brunner (Algenon L. Marbley, S.D. Ohio 2:08-cv-1077)
Ohio’s secretary of state removed a mandamus action from Ohio’s supreme court concerning validity requirements for provisional ballots. The case was assigned to a judge who was already presiding over related cases. The judge granted summary judgment to the state, but the court of appeals ordered the matter referred to the state court, which held the secretary of state’s validity requirements to be too lax. The federal court of appeals affirmed the district judge’s denial of attorney fees.
Subject: Provisional ballots. Topics: Matters for state courts; provisional ballots; removal; attorney fees.

One of many Case Studies in Emergency Election Litigation.