Litigant in “Most Significant Application” of Bush v. Gore Precedent Cannot Run Again for Judge Because of Felony Conviction

Election law nerds spent a lot of time on Hunter v. Hamilton County Board of Elections, a case in which the Sixth Circuit revived a strong reading of the Supreme Court’s Bush v. Gore decision as an equal protection case. Hunter is the case that Ned Foley called “the most significant application” by a court of Bush v. Gore. It involved the inconsistent handling of provisional ballots in a race for juvenile court judge.

Now one of those judicial candidates, Tracie Hunter, has been denied the chance to run for judge again because of a felony conviction. Here, the vote on the bipartisan board was unanimous:

Board members, however, voted 4-0 to deny her petition. They said they had no choice because Hunter has been convicted of one of the charges against her – mishandling documents – and cannot run for judge as a felon. They said she also is ineligible because her law license has been suspended by the Ohio Supreme Court.

Because of Hunter’s legal troubles in Hamilton County, board members sought the advice of an outside lawyer before making their decision. That lawyer, Michael Mentel, a Democrat and former City Council president in Columbus, recommended the board reject Hunter’s petition.

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