Hunter v. Hamilton County Board of Elections
2011 U.S. App. LEXIS 1731
6th Cir.2011Background
- Election for Hamilton County Juvenile Court Judge (Nov 2010) involving Tracie Hunter vs John Williams; Board of Elections reviewed provisional ballots using directives and a consent decree affecting poll-worker error; 849 provisional ballots at issue, with 27 cast at the Board’s office counted as poll-worker error; 269 ballots at multi-precinct locations were later considered; Ohio Supreme Court Painter decision guided state-law interpretation but not federal constitutional questions; federal district court issued preliminary injunction orders directing counting/investigation; Ohio Secretary of State directives and subsequent changes affected the Board’s actions; this appeal consolidates challenges to the district court orders and Board actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal protection in provisional-ballot review | Hunter argues Board treated wrong-precinct ballots unequally | Board/Secretary claim state-law controls; standards vary by location | Strong likelihood of equal-protection violation; must apply uniform standards |
| Effect of Painter and state directives on federal claims | Painter does not resolve federal equal-protection concerns | Painter controls state-law review; federal issues remain unsettled | State-law guidance cannot foreclose federal constitutional questions; not dispositive of §1983 claims |
| Pullman abstention and Rooker-Feldman applicability | Abstention or preclusion should apply to avoid federal interference | Abstention and Rooker-Feldman inapplicable; federal questions remain | Pullman abstention and Rooker-Feldman do not bar jurisdiction; proceed on federal merits |
| Notice and hearing in modifying injunctions | District court modified injunction without due process | Modification within equitable relief discretion | January 12, 2011 order vacated to the extent it modified the November 22 order without proper notice/hearing |
Key Cases Cited
- Bush v. Gore, 531 U.S. 98 (2000) (equal protection concerns in counting ballots; need uniform standards)
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (time-sensitive considerations in election relief; avoid last-minute orders)
- League of Women Voters of Ohio v. Brunner, 548 F.3d 463 (6th Cir. 2008) (right to vote on equal terms; nonarbitrary treatment of voters)
- Norman v. Reed, 502 U.S. 279 (1992) (no need for showing of intentional discrimination to violate equal protection in voting processes)
- Crawford v. Marion County Election Bd., 553 U.S. 181 (2008) (equal-protection scrutiny of election regulations; nondiscriminatory purposes important)
- Painter v. Brunner, 128 Ohio St.3d 17, 941 N.E.2d 782 (Ohio 2011) (state-law limitations on counting provisional ballots; state supreme court guidance on equal-protection concerns)