Hunter v. Hamilton County Board of Elections
850 F. Supp. 2d 795
S.D. Ohio2012Background
- Election for Hamilton County Juvenile Court Judge in November 2010 between Hunter and Williams; Hunter and others challenged provisional-ballot review/counting by the Hamilton County Board of Elections under 42 U.S.C. § 1983.
- Board counts provisional ballots, including some cast in the wrong precinct due to poll-worker error, but does not uniformly apply such allowances.
- NEOCH and ODP intervened to enforce the NEOCH Consent Decree addressing provisional ballots and poll-worker error.
- Directives issued by the Secretary of State (Brunner then Husted) guided provisional-ballot processing, prompting litigation up to the Sixth Circuit.
- District court issued injunctions; Sixth Circuit affirmed some aspects and remanded on others, and the district court later issued a comprehensive merits ruling that denied some claims and enjoined others.
- Court issued permanent injunction and declaratory judgment addressing equal-protection violations, NEOCH Decree compliance, and due process concerns, but declined to rule on constitutionality of Ohio election statutes without AG involvement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal protection in provisional-ballot counting | Hunter alleging disparate treatment of wrong-precinct ballots | Board claims uniform standards applied except for NEOCH ballots | Yes, unequal treatment violated equal protection |
| Eleventh Amendment immunity and waiver | Board not immune or waived immunity by conduct | Board immune as state agency | Waived by litigation conduct; immunity not a bar |
| Standing of plaintiffs | Hunter, NEOCH, and ODP have injury-in-fact and redressability | Lack of standing or Article III injury | All plaintiffs have standing to pursue their challenges |
| NEOCH Consent Decree compliance | Board violated Decree by not separating/counting certain ballots | Decree did not alter Ohio law or require such actions | Board violated Decree; ballots must be counted/remade as required by Decree |
Key Cases Cited
- Bush v. Gore, 531 U.S. 98 (U.S. 2000) (equal protection limits on election procedures, need for uniform treatment)
- Painter v. Brunner, 128 Ohio St.3d 17 (Ohio 2011) (state-provisional-ballot rules and equal-protection considerations post-election)
- Snowden v. Hughes, 321 U.S. 1 (U.S. 1944) (intent not required for equal protection violations in voting)