In re: 2016 Primary Election

An anonymous caller to the district court clerk’s office complained that an accident might make it difficult for voters to reach the polls before they closed on Ohio’s March 15 primary election. That office relayed the call to a judge, who orally directed the clerk to enter an order: This matter is before the court upon an oral complaint requesting that the polling locations within the counties of Butler, Clermont, Hamilton and Warren be extended for one hour due to Interstate I-275 being closed for hours due to a fatal accident. The request is hereby GRANTED and the Secretary of State is hereby ordered to keep the polling locations within the counties of Butler, Clermont, Hamilton and Warren open until 8:30 p.m. The call from the clerk’s office went to the cell phone voicemail of Assistant Secretary of State Damschroder. Damschroder got the message, but the polls had closed minutes earlier and had to try to reopen; “some polls were open and others were not.” No complaint preceded the order; none materialized after. Seeking to avoid similar last-minute election orders, the Ohio Secretary of State and boards of elections appealed. The Sixth Circuit vacated and remanded for dismissal for lack of subject matter jurisdiction, citing Article III limitations. View "In re: 2016 Primary Election" on Justia Law