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OHIO EX REL. SKAGGS v. BRUNNER

No. 08-4585.

549 F.3d 468 (2008)

State of OHIO, ex rel. Dana SKAGGS, et al., Relators-Appellants, v. Jennifer L. BRUNNER, Secretary of the State of Ohio, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 25, 2008.

Attorney(s) appearing for the Case

ON BRIEF: John Wolcott Zeiger, Marion H. Little, Jr., Christopher J. Hogan, Zeiger, Tigges & Little, Columbus, Ohio, for Appellants. Richard N. Coglianese, Aaron David Epstein, Damian W. Sikora, Office of the Ohio Attorney General, Columbus, Ohio, Patrick J. Piccininni, Anthony E. Palmer, Jr., Prosecuting Attorney's Office for the County of Franklin, Columbus, Ohio, Caroline H. Gentry, Porter, Wright, Morris & Arthur, Dayton, Ohio, for Appellees. Meredith E.B. Bell-Platts, American Civil Liberties Union Foundation, Atlanta, Georgia, Carrie L. Davis, American Civil Liberties Union of Ohio, Cleveland, Ohio, Donald J. McTigue, Mark A. McGinnis, Law Office, Law Office, Columbus, Ohio, for Amici Curiae.

Before: KENNEDY, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

PER CURIAM.

On November 4, 2008, more than 27,000 voters in Franklin County cast provisional ballots in the various federal, state and local election contests. In reviewing those ballots, the Franklin County Board of Elections determined that roughly 1,000 of them have a potential defect: They do not contain the printed name or signature of the voter. That omission implicates two questions of state law. First, does Ohio law require a provisional...

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