Shortly before polls were to close during the 2016 Ohio primary election, an anonymous caller telephoned the clerk of the U.S. Southern District of Ohio to complain about an accident in the Cincinnati area that might make it difficult for voters to reach the polls. The clerk’s office relayed the message to a district court judge who had already left the office for the evening. The judge accepted the anonymous “oral complaint” and ordered polling places in four Ohio counties to remain open for an additional hour. The secretary of state and local election officials scrambled to comply with the oral order and, with mixed results, reopened the polling locations in the area.
The secretary and two boards of elections later appealed, seeking clarification from the Sixth District Court of Appeals about the district court’s authority to issue an order of this nature. In a 2-1 decision, the Sixth District Court of Appeals agreed with the secretary and boards of elections to reverse the district court’s order. Read more >>
