Jennifer Brunner
Jennifer Brunner | |
---|---|
Ohio Supreme Court | |
Assumed office January 2, 2021 | |
Preceded by | Judith L. French |
Judge of the Ohio Court of Appeals from the 10th district | |
In office January 20, 2015 – December 31, 2020 | |
Preceded by | Amy O'Grady |
Succeeded by | Lisa Sadler |
49th Secretary of State of Ohio | |
In office January 8, 2007 – January 10, 2011 | |
Governor | Ted Strickland |
Preceded by | Ken Blackwell |
Succeeded by | Jon Husted |
Personal details | |
Born | citation needed] Springfield, Ohio, U.S. | February 5, 1957 [
Political party | Democratic |
Spouse | Rick Brunner |
Children | 3 |
Education | Miami University (BA) Capital University (JD) |
Website | Campaign website |
Jennifer Lee Brunner (born February 5, 1957)[
As Secretary of State, Brunner was actively involved in evaluating and adjusting statewide election systems. Her efforts focused on correcting the procedural election difficulties that Ohio was known for.[4] She evaluated voting mechanisms and instituted policy changes.[2][5] She argued policy regarding same day voting,[6] privacy of social security information,[7] and foreclosure-related voter eligibility.[8]
In 2008, she earned a
On February 17, 2009, she announced that she would run for the
Brunner announced on February 18, 2014, that she was certified by the Franklin County Board of Elections as the Democratic candidate for the Ohio Tenth District Court of Appeals.[12] Brunner defeated incumbent Judge Amy O'Grady in the general election.[13]
On August 17, 2019, Brunner announced she would be a candidate for the Ohio Supreme Court in 2020,[14] in opposition to current Justice Judith L. French.[14] She went on to win the general election on November 3, 2020.[15]
Career
Brunner was born in Springfield, Ohio, and spent her formative years in Columbus, Ohio.
Private practice
She then began a statewide law practice where she worked on election law and campaign finance from 1988 to 2000.[18][20][22] She briefly served as a member of the Franklin County Board of Elections,[23] appointed by Republican Secretary of State, Bob Taft.[24][circular reference] In 1988, Brunner represented the Ohio Pesticide Applicators for Responsible Regulation, when the Ohio Environmental Protection Agency held hearings about testing Ohio water supplies for pesticides that were not against federal regulations. Her clients, including lawn care chemical companies, agreed that testing standards should be higher, but that such standards should not be mandated.[25] She expressed an interest in public service when a seat on the Columbus City Council became available following the April 29, 1988 death of John R. Maloney.[26] The list of candidates who applied included at least 20 applicants.[27]
Brunner has litigated various ballot propositions. In 1988, she represented a client who contested the validity of a ballot proposal to halt the sale of alcohol at the Cuyahoga Falls entertainment center.[28][29] She was treasurer of a citizens group that attacked the financial reports related to a Westerville, Ohio school district tax levy on the November 1988 ballot.[30][31][32] Later in 1989, she represented property owners in a rezoning referendum.[33] Brunner represented Ohioans Against Casino Gambling in its dispute over the wording of the 1990 ballot issue on "games of chances".[34]
Brunner's private practice was not exclusively about ballot issues. She served as treasurer of Choice '90, a
Brunner was also involved in a drawn out case involving the rights of Hamilton County bars to serve alcohol in glass containers. The bars she represented were effectively put out of business by neighborhood residents' passage of an ordinance.[40] Brunner challenged petition signatures on a similar matter in Franklin County.[41] However, the case in Franklin County was dismissed.[42] The Hamilton County plaintiffs were granted a stay preventing the Ohio Liquor Control Commission from receiving the certified May 7 results. This stay allowed their case to be heard.[43] Meanwhile, Brunner won another related case in the United States Court of Appeals for the Sixth Circuit. The case overturned a state law allowing liquor licenses to be revoked by popular referendum.[44] This ruling bolstered the case of the other four bars she represented.[45] In 1992, Franklin County Democratic Party chairwoman Fran Ryan approached Brunner about becoming a judge, but Brunner declined.[3]
Brunner successfully defended
In 1994, she represented the Delaware County Amphitheater Action Committee, a group that attempted to block the state Liquor Department from issuing a beer permit.[49] When their case was dismissed, they appealed to the Ohio Supreme Court.[50] At the same time, she represented vendors whose liquor licenses were about to be cancelled following a vote where poll workers allegedly acted with bias.[51] Brunner got her clients a September 1994 ruling that the poll workers had, in fact, attempted to influence voters.[52] That same month, she was unable to get a pair of liquor option questions removed from the November 1994 ballot.[53]
In 1994, Brunner also represented neighbors of an
In 1995, Brunner again applied for a vacant seat on the Columbus City Council.[70] That year, Brunner represented the AFL-CIO in their battle against proposed rule changes related to new Ohio campaign finance laws.[71] Also, in 1995, she was hired to handle several elections law cases.[72][73][74][75] She successfully represented Franklin County Democratic Party Chairman Dennis White in a 1996 case about whether his primary campaign mailings violated Ohio election laws.[76][77] She also was involved in a residency challenge in 1996. She represented a Seneca County constituent of then State Representative (current State Senator) Karen Gillmor who felt the Franklin County home where Gillmor's family resides is her true residence.[78] The challenge failed.[79][80]
Brunner was involved in a
Brunner represented the Save The Doves Committee, an
Brunner represented pro-gambling interests in an off-track betting ballot issue in Stark County. After the Canton City Council allowed a new betting parlor, the Stark County Board of Elections deadlocked along party lines on whether to allow a county-wide referendum against off-track betting. Republican Secretary of State Taft, broke the tie allowing the referendum on September 14.[92] Brunner appealed the Board's decision to allow the voters the chance to overrule the city council.[93]
In 1998, she represented the
Brunner also represented a pair of judge candidates who were charged with misconduct during the 1998 elections. She was able to get charges dismissed against Judge Deborah P. O'Neill of Franklin County Common Pleas Court.[104] However, a disciplinary panel of the Ohio Supreme Court recommended Stark County Common Pleas judge candidate Elizabeth Burick to pay a $5,000 fine for actions that "demeans the judiciary".[105]
In 1999, she represented a pair of individuals whose published election-related literature was challenged.[106][107] She represented Northland Mall owner in his attempts to block funding for roads to the planned Polaris Fashion Place mall.[108] Her client was able to get a ballot issue placed to oppose the special financing.[109] Television ad regarding this issue were hotly contested.[110][111] The voters failed the proposal before the Franklin County prosecutors decided whether to take actions following the Ohio Election Commission's determination that the ads were false.[112][113]
In one of her final cases in private practice, Brunner returned to represent interested parties in Bexley. Although she was campaigning for her own November 2000 election at the time, she represented a restaurant at risk of losing its Sunday liquor license.[114] After several years of representing controversial parties in elections issues, Brunner, a principal of Brunner, Kirby & Jeffries Co.,[21] ran a non-controversial campaign.[115] Brunner, who was making her first run for elective office, opposed incumbent John F. Bender who had been appointed by Governor Taft in April 2000 to replace the retiring James J. O'Grady.[21] The race was the only contested race in the general division of Franklin County Common Pleas Court.[3] During the campaign, Bender outpaced Brunner in fundraising by a $76,613 to $58,145 margin.[116]
Early elective career
In 2000, Brunner was elected to an unexpired term on the Franklin County Common Pleas Court.[117] She was reelected in 2002.[118][119] The Court of Common Pleas judges tested, approved and created a separate drug court to reduce addiction-related recidivism. Judges recommend repeat offenders who have been charged with non-violent felonies stemming from their drug or alcohol addictions for the program, which targets those repeatedly charged with theft, receiving stolen property, writing bad checks, prostitution or drug possession, which are all addiction related crimes. Brunner started the court in April 2004 after several years of research.[120]
In December 2001, she approved a
Brunner resigned from the Court on September 1, 2005, to run for Secretary of State.
Secretary of State
Ohio had complaints of voting irregularities in the 2000 and 2004 elections. The state had hours-long lines at polling places in its major cities in 2004 and a fraud scandal in
She has advocated the replacement of all Ohio voting machines, including the
In January 2007, Brunner proposed a plan that would allow counties to recruit poll workers by mail, who would then undertake two paid training days, and work a paid eight-hour shift at the polls on Election Day.[160] Brunner explained the plan in an interview:
In terms of Ohio and what happened in the 2004 presidential election, there has been a crisis in confidence in our election system in Ohio, both nationally and in our state. One of the quickest ways to repair that is to make sure that we have adequate numbers of poll workers. ... We suggested this as one tool that the boards of elections would have available to them for recruiting poll workers. We would be looking to do this similar to how we recruit jurors, only jurors are recruited for two weeks of service whereas we'd only be asking for three days. It would also allow us to offer split shifts to poll workers. In Ohio the polling places are open for thirteen hours, so essentially a poll worker works at least fourteen hours; with the average age of our poll workers at 72, that's a tough day for anyone, no matter what their age is. ... It's an option, and we can even include a trigger, so that a county has to be deficient by a certain percentage of poll workers to even be able to use this.[161]
In the initial proposal it was not yet decided what wages would be paid, and whether refusing recruitment would result in penalties. The proposal will be decided by the Ohio General Assembly.[160]
Brunner has established the Voting Right Institute (VRI) to improve voter access to elections in Ohio. The VRI has instituted a "Grads Vote" program which supplies voter registration forms to all graduating high school
Compared to the
last presidential election[in 2004], this state has gone from intensive care to walking on crutches. By November [2008], we'll be walking normally like everyone else.
— Jennifer Brunner[162] (March 2008)
She has also moved to shield social security information and other private information from public view for millions of online records and coordinated with the Ohio General Assembly to prevent the filing of private information.[1]
Brunner worked with Ohio's 88 county boards of elections and thousands of poll workers to ensure record voter turnout in the March presidential primaries.
Brunner has spoken out against election officials taking voting machines home with them in the days before an election. Such actions could allow
2008 general election
Same-day voter registration
In 2008 Ohio experienced an unintended consequence of a new statute that resulted in a brief period of overlap voting, when absentee voting has started and before the close of voter registration. This period ran from September 30 until October 6, due to the newly instituted early voting policy.
The same-day registration ballots are subject to the standard Ohio notification card protocol whereby a postcard is sent to the newly registered address to assist in determining the validity of the address. A card that comes back marked return to sender is questioned and marked on the voter rolls.[156] Additionally, the boards of elections submit new voter registrations into a database in the office of the Ohio Secretary of State. The information is matched with driver's licenses on an Ohio Bureau of Motor Vehicles database and failing a match there it is sent to the Social Security Administration to pursue a match.[156]
Help America Vote Act (HAVA)
Ohio (along with Colorado, Indiana, Michigan, Nevada and North Carolina) is one of six states expected to be heavily affected by compliance with the 2002 Help America Vote Act,[7] which mandates that states corroborate voter registration applications with government databases.[171] Due to the disproportionate voter registration by Democrats it is anticipated that much of the confusion at the polling places will be for challenges to newly registered Democrats who have been delisted from the ranks of registered voters.[7]
It appears that Ohio is using social security information to verify new voter registration, even though "[u]nder federal law, election officials are supposed to use the Social Security database to check a registration application only as a last resort, if no record of the applicant is found [within the state's own] databases," according to a
Between January 1, 2008, and mid-October 2008, over 666,000 Ohioans registered to vote either for the first time or with updated voter information, and over 200,000 of them provided driver's licenses or Social Security numbers that do not match government records. Over 20% of these voters are from Cuyahoga County, which is heavily Democratic.
On October 17, 2008, in Brunner v. Ohio Republican Party, 07A332, the United States Supreme Court overturned the 6th Circuit Decision requiring Brunner to provide lists of improperly registered voters to each county election board.[174] The ruling means that Brunner can instruct the 88 county boards of elections to ignore public record requests by the Ohio Republican Party made to challenge registrants with information mismatched between their registration and their driver's license or social security number.[175] The Republican Party claimed that the ruling was based on a technicality rather than the merits of the arguments. Bennett said that "The justices did not disagree with our argument that Jennifer Brunner has failed to comply with federal election law. They merely said we don't have a right to bring a private challenge against her under this particular provision."[176] The McCain-Palin campaign said "...the United States Supreme Court does not address violations of the Help America Vote Act (HAVA) by Ohio Secretary of State Jennifer Brunner. Rather, the Court ruled that Congress had likely not authorized private individuals or political parties to bring suit under the section of HAVA requiring voter registration verification through data-matching."[177] Since the ruling did not directly address the issues that the Republicans wanted determined, they filed a similar case in the Ohio Supreme Court.[171] However, they withdrew the case.[178]
Other issues
One month before the
On entering office, Brunner took immediate action against Republican county elections officials, including Robert T. Bennett, Ohio Republican Party Chairman. At the time, while writing for The Cincinnati Enquirer, columnist Peter Bronson described Brunner as "the most partisan state official in Ohio".[180] More recently, she has been accused of partisanship by her former Secretary of State opponent in the 2008 general election. He claims that she set policy in order to throw out absentee ballots likely to be cast for the John McCain-Sarah Palin ticket.[180] The Ohio State Supreme Court supported the Republican argument.[181] Other sources claim that ACORN advises and influences Brunner.[182][183]
The 2008 general election was expected to be marred by
Brunner has made several specific efforts to alleviate some of the past voting difficulties. 2008 was the first Ohio election that permits absentee voting as a matter of preference without any justification for need.
Brunner has noted that only incarcerated convicted felons become ineligible to vote in Ohio. Thus, persons incarcerated for misdemeanors and persons detained in prisons awaiting new trials can vote directly from prison.[156]
In fall of 2008, Brunner was challenged in a pair of cases involving the Northeast Ohio Coalition for the Homeless. In September, in Project Vote (on behalf of Northeast Ohio Coalition for the Homeless) v. Madison County Board of Elections, No. 1:08-cv-02266 (N.D. Ohio), Judge Garvin enjoined the Madison County Board of Elections from adhering to its September 5 announcement that it would disregard Secretary Brunner's directives to issue an absentee ballot to anyone who has not already been registered for 30 days. The Board had threatened an action that the judge determined would violate Section 202 of the Voting Rights Act causing irreparable injury to registered voters who will be unable to receive absentee ballots.[186] On October 27, 2008, in the case The Northeast Ohio Coalition for the Homeless v. Brunner, Case No. C206- 896, U.S. District Judge Edmund Sargus ruled that in concert with Ohio Revised Code § 3503.02(I) which states: "If a person does not have a fixed place of habitation, but has a shelter or other location at which the person has been a consistent or regular inhabitant and to which the person has the intention of returning, that shelter or other location shall be deemed the person's residence for the purpose of registering to vote." The order mandated that Brunner as Secretary of State "instruct the County Boards of Elections that provisional ballots may not be rejected for failing to list a building address on the provisional ballot envelope if the voter resides at a location that does not have an address."[187] This ruling states that all Ohio counties must allow homeless voters use non-building locations such as park benches as their addresses.[188] At the same time, the court ruled that poll worker error is not a valid reason to reject a provisional ballot.[189] Time said that these rulings brought uniformity in handling provisional ballots to the counties that did not previously exist.[190]
On October 20, 2008, Brunner had to temporarily shut down the Ohio Secretary of State website after it was
In November 2008, Brunner became involved in a legal battle against two Steve Stivers supporters that relates to the validity of a 1000 provisional ballots in the race for Ohio's 15th congressional district that at the time of recounting had a 149-vote margin and 27,000 absentee ballots to be counted.[192][193] The case was consolidated with other cases in the United States District Court upon Brunner's request.[194] On December 5, 2008, Stivers' supporters won a ruling in the Ohio Supreme Court that the 1,000 provisional ballots that lacked signatures or had names and signatures in the wrong places be thrown out.[195]
2010 campaign for U.S. Senate
Brunner's term as Ohio Secretary of State ended in 2011 and she was up for re-election in 2010 along with other Ohio statewide offices. In January, rumors that were eventually confirmed began circulating that second term Republican
On February 17, 2009, Brunner announced that she would be a candidate for the U.S. Senate in 2010.
Brunner lost to Fisher in the May 4, 2010 party primary, 55% to 45%.[209]
2014 campaign for Ohio Tenth District Court of Appeals
Brunner was certified as the sole Democratic candidate running for the Ohio Tenth District Court of Appeals seat occupied by incumbent judge Amy O'Grady, who was appointed to the seat by Governor John Kasich in 2013.[210] The 2014 judicial elections are notable for the number of judges on the ballot, with The Columbus Dispatch stating that it was the first time 12 contested judicial seats would appear on the ballot in Franklin County, Ohio.[211] She was the only Democratic nominee for the appellate seat, running against incumbent judge Amy O'Grady.[211][212] Brunner defeated O'Grady and was elected to a two-year term as Franklin County appeals judge unexpired term in the General Election.[213]
2020 campaign for Ohio Supreme Court
In August 2019, Brunner announced her candidacy to be a justice of the Supreme Court of Ohio, challenging incumbent Judith L. French.[214] On November 3, 2020, she went on to win the general election with 55% of the vote.[15]
2022 Campaign for Chief Justice of the Ohio Supreme Court
On June 8, 2021, Brunner announced her candidacy for Chief Justice of the Ohio Supreme Court in the November 8, 2022, general election.[215] In a virtual news conference on September 13, 2021, Brunner released a campaign platform that includes support for a statewide criminal sentencing database, a proposal for a permanent Commission on Fairness and Equality in Ohio’s Courts and Legal System, expansion of specialized dockets like drug courts, and what the Cleveland Plain Dealer called "good-government reforms."[216]
International work
Brunner worked with
Brunner also served as an international election observer in Egypt for the
Judge Brunner is a Member of the Board of Advisors of the Berlin, Prague and Sydney-based Global Panel Foundation - a respected NGO which works behind-the-scenes in conflict areas around the world.
Personal
Brunner is a resident of
In March 2008, Brunner was given the Profile in Courage Award by the John F. Kennedy Presidential Library and Museum. She earned the award for challenging the reliability of electronic voting in order to protect the right to vote in Ohio. The award was announced on March 18, 2008.[227] She received the award May 12, 2008.[228] Brunner assumed office in 2007 and ordered paper ballots be provided to any voter who requested one in the March 2008 primary and called for the replacement of all the state's electronic voting systems by the November 2008 presidential election.[229] Her overhaul of the Ohio voting system was considered costly and reckless by some,[230] but after the election her risk was heralded in the press as successful.[231]
General election results
Office | Year | Votes for Brunner | % | Republican | Votes | % | Non-Partisan | Votes | % | Non-Partisan | Votes | % |
Judge of the Franklin County Court of Common Pleas[21][119] | 2000 | 147,487 | 50.94 | John Bender | 141,567 | 49.06 | ||||||
2002 | 109,713 | 51.8 | Michael J. Holbrook | 102,050 | 48.2 | |||||||
Ohio Secretary of State[152] | 2006 | 2,104,114 | 55.03 | Greg Hartmann | 1,546,454 | 40.45 | John A. Eastman | 94,706 | 2.48 | Timothy J. Kettler | 78,080 | 2.04 |
Ohio's Tenth District Court of Appeals[232] | 2014 | 124,701 | 53.07 | Amy O'Grady | 110,293 | 46.93 | ||||||
2016 | 340,698 | 100.00 | ||||||||||
Ohio Supreme Court
|
2020 | 2,695,072 | 55.34 | Jennifer French | 2,174,820 | 44.66 |
Notes
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External links
- Ohio Secretary of State official Ohio government site
- Brunner for Judge official campaign site
- Appearances on C-SPAN
- Financial information (federal office) at the Federal Election Commission
- Profile at Vote Smart
- 2010 campaign contributions at OpenSecrets.org
- Brunner on the Foreclosure Crisis and Her State's Lawsuit Against Ally Financial – video interview by Democracy Now!
- [permanent dead link] Columbus Dispatch "Local ballot issues often clear as mud"[permanent dead link]