Federal judge rejects Ohio Supreme Court justice’s challenge to partisan ballot law
A federal judge dismissed Democratic Ohio Supreme Court Justice Jennifer Brunner’s challenge to a state law requiring party affiliations on certain judicial ballots.
U.S. District Judge Benita Pearson rejected Brunner’s challenge to Senate Bill 80, a 2021 law requiring party affiliations to appear alongside candidates for the Ohio Supreme Court and state courts of appeals on general-election ballots.
Brunner, a Democrat seeking reelection, argued that the law violated constitutional protections involving free speech, due process, and equal protection by requiring party labels for certain judicial candidates despite restrictions on partisan political activity under Ohio’s judicial code of conduct.
Pearson rejected the argument that the requirement compelled Brunner to engage in political speech, Cleveland.com reported.
The judge determined that the party designation accurately identifies Brunner’s political affiliation and regulates information appearing on election ballots rather than what candidates can say while campaigning.
Pearson also cited the approaching election in rejecting Brunner’s request to block enforcement of the law. With early voting underway, changing ballot requirements could disrupt election administration and confuse voters.
Brunner filed the lawsuit in November 2023 against Ohio Secretary of State Frank LaRose and Attorney General Dave Yost.
Before Senate Bill 80 took effect, candidates for the Ohio Supreme Court and state courts of appeals appeared on general-election ballots without party labels, although they were nominated through partisan primaries.
The law, which took effect Sept. 30, 2021, changed that requirement for appellate judicial elections while leaving general-election ballots for municipal, county and common pleas judges nonpartisan.
Republican state Sens. Theresa Gavarone, R-Bowling Green, and Jerry Cirino, R-Kirtland, sponsored the legislation, arguing that identifying judicial candidates’ political affiliations would give voters additional information and encourage participation in judicial elections.
“Voters deserve to get the full picture of candidates running for the Ohio Supreme Court and each of Ohio’s Eleven Courts of Appeals before voting,” Gavarone said when the legislation was signed into law in 2021.
Brunner, a former Ohio secretary of state, argued that partisan designations could undermine public confidence in judicial independence.
In a statement following Wednesday’s ruling, Brunner said she respected the court’s decision but defended her decision to challenge the law.
“Ohioans deserve courts that apply the law fairly to everyone,” Brunner said. “A judge’s duty is to the Constitution and the law, not to a political party. I brought this case because public confidence in our courts matters.”
The ruling comes less than three weeks before Brunner faces Republican Colleen O’Donnell in the Nov. 3 election for a six-year term on the Ohio Supreme Court.
Brunner is the only remaining Democrat on the seven-member court. Republican candidates have won every Ohio Supreme Court election since the partisan ballot requirement took effect.
