State ex rel. Painter v. Brunner, 127 Ohio St. 3d 463

November 2, 2010 election for Hamilton County Juvenile Court judge; 849 provisional ballots not counted due to polling-place precinct errors.
Voters arriving at multiprecinct sites were misdirected by poll workers to ballots for the wrong precinct.
Relators argue those qualified electors should not be disenfranchised due to poll-worker mistakes.
Concurrence asserts voters’ fundamental rights to vote should prevail over technical statutory requirements.
Federal court orders and proceedings (comity and priority) underlie the action and influence whether mandamus relief should issue.
Secrecy of provisional ballots and ongoing recount-related litigation inform the procedural posture of the case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether provisional ballots cast in the wrong precinct due to poll-worker error must be counted.	Williams argues votes should be counted.	Brunner/Board argue statutes require exclusion of wrong-precinct votes.	Count necessary to protect fundamental rights.
Whether Ohio statutes excluding wrong-precinct votes override voters’ constitutional rights when officials erred.	Rights prevail over statutory exclusion.	Statutes control unless constitution requires otherwise.	Constitutional rights prevail; votes should be counted.
Whether this original action should proceed given ongoing federal litigation and comity concerns.	Relators seek mandamus relief despite federal proceedings.	Federal actions should control; avoid conflicting orders.	Court should avoid interference; reluctant to grant extraordinary relief.
Whether the court should allow more time for evidence and briefs than the majority grants.	Additional time needed for evidence.		Reluctant concurrence suggests more time may be warranted.

State ex rel. Duke Energy Ohio, Inc. v. Hamilton Cty. Court of Common Pleas, 126 Ohio St.3d 41 (Ohio 2010) (mandamus and extraordinary-relief standards; respect for comity and jurisdiction)