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Suit Arising Under State Implementation of the Help America Vote Act Remanded to State Court

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 23, 2023

Ohio ex rel. Mahal v. Brunner (George C. Smith, S.D. Ohio 2:08-cv-983)
A state’s secretary of state removed a mandamus action filed with the state’s supreme court concerning the state’s compliance with the Help America Vote Act (HAVA). The district court immediately remanded the case, because the mandamus action sought enforcement of the state’s HAVA-implementing legislation, which meant that the case arose under state law.
Subject: Registration procedures. Topics: Matters for state courts; removal; Help America Vote Act (HAVA).

One of many Case Studies in Emergency Election Litigation.

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Tags:
Election Litigation | Help America Vote Act (HAVA) | Matters for State Courts | Registration Databases | Registration Procedures | Emergency Proceedings | Removal | U.S. District Courts | S.D. Ohio