State ex rel. Painter v. Brunner

Summary

The Supreme Court of Ohio granted motions to intervene, issued an alternative writ of mandamus, established an expedited briefing schedule, and temporarily stayed the opening of provisional-ballot envelopes. It dismissed the complaint seeking a writ of prohibition. The concurring opinion discussed whether qualified voters’ provisional ballots cast in the wrong precinct due to poll-worker error should be counted and raised concerns regarding federal-court proceedings and jurisdictional priority.

Holdings

1. The court granted an alternative writ of mandamus sua sponte and established an expedited schedule for the parties to submit evidence and briefs.
2. Respondents and persons acting on their behalf were stayed from opening the provisional-ballot envelopes pending further order of the court.
3. Tracie Hunter, the Northeast Ohio Coalition for the Homeless, and the Ohio Democratic Party were permitted to intervene as respondents.
4. The complaint seeking a writ of prohibition was dismissed.

Questions Presented

1. Whether the court should grant an alternative writ of mandamus and permit expedited presentation of evidence and briefing concerning the 849 provisional ballots.
2. Whether respondents should be temporarily restrained from opening the provisional-ballot envelopes pending further order.
3. Whether the motions of Tracie Hunter, the Northeast Ohio Coalition for the Homeless, and the Ohio Democratic Party to intervene as respondents should be granted.
4. Whether the complaint seeking a writ of prohibition should be dismissed.

Disposition

other