STATE EX REL. SKAGGS v. BRUNNER

No. 2008-2206.

120 Ohio St.3d 506 (2008)

2008-Ohio-6333

THE STATE EX REL. SKAGGS ET AL. v. BRUNNER, SECY. OF STATE, ET AL.

Supreme Court of Ohio.

Decided December 5, 2008.


Attorney(s) appearing for the Case

Zeiger, Tigges & Little, L.L.P., John W. Zeiger, Marion H. Little Jr., and Christopher J. Hogan, for relators.

Nancy Hardin Rogers, Attorney General, and Richard N. Coglianese, Damian W. Sikora, Aaron Epstein, Pearl M. Chin, and Michael J. Shuler, Assistant Attorneys General, for respondent Secretary of State Jennifer L. Brunner.

Ron O'Brien, Franklin County Prosecuting Attorney, and Patrick J. Piccininni and Anthony E. Palmer Jr., Assistant Prosecuting Attorneys, for respondent Franklin County Board of Elections.

McTigue Law Group, Donald J. McTigue, and Mark A. McGinnis, for intervening respondent Ohio Democratic Party.

Carrie L. Davis and Jeffrey M. Gamso, urging denial of the writ for amicus curiae ACLU of Ohio.

Meredith Bell-Platts and Neil Bradley, urging denial of the writ for amicus curiae ACLU Voting Rights Project.


Per Curiam.

{¶ 1} This is an original action for a writ of mandamus to (1) compel respondent Secretary of State Jennifer L. Brunner to correct her allegedly erroneous interpretation of R.C. 3505.183(B)(1)(a) and to advise respondent Franklin County Board of Elections that any provisional ballot must include both the voter's name and signature in the statutorily required affirmation and that if it does not, it is not eligible to be counted...

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