CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 3/8/2023 1

Keeping Polls Open Longer Because of Weather 

Obama for America v. Cuyahoga County Board of Elections 

(Solomon Oliver, Jr., N.D. Ohio 1:08-cv-562) 

On the evening of a presidential primary election, bad weather was 

interfering with both ballots and voters getting to the polls. One of 

the candidates filed a late motion to keep the polls open. Because of 

technical difficulties, the clerk’s office was unable to reach the assigned judge, so the day’s duty judge held a telephonic proceeding 

on the temporary-restraining-order motion. He decided not to provide relief with respect to polling places in the state’s other district, 

but he did order some polls in his district to remain open late. He 

ordered ballots cast by voters arriving after the regular closing time 

to be segregated. The news media reported that polls had already 

closed by the time they got the judge’s order and did not reopen. 

Subject: Poll hours. Topics: Polling hours; case assignment; 

ballot segregation. 

Ohio’s 2008 presidential primary election was held on March 4, and the 

weather in Ohio that day was not good.1

 In addition, many locations in the 

state were experiencing shortages of ballots.2 Barack Obama filed a federal 

action in the Northern District of Ohio to keep the polls open until 9:00 p.m., 

an extra hour and a half, in three counties: Franklin, which includes Columbus; Cuyahoga, which includes Cleveland; and Clermont, a county slightly 

east of Cincinnati.3

The court assigned the case to Judge Patricia A. Gaughan.4

 By the time 

the plaintiffs filed their action, however, Judge Gaughan had gone home.5

The clerk’s office tried to reach her, but it either had or dialed an incorrect 

telephone number.6

Judge Solomon Oliver, Jr., was on duty that day for miscellaneous matters, and he was still in the courthouse that evening when the case was filed.7

He held a teleconference proceeding with the parties.8

 The Obama campaign 

withdrew its claim with respect to Clermont County, and Judge Oliver de1. Temporary Restraining Order, Obama for Am. v. Cuyahoga Cty. Bd. of Elections, No. 

1:08-cv-562 (N.D. Ohio Mar. 4, 2008), D.E. 5 (filed at 8:07 p.m.); see Complaint at 2–3, id.

(Mar. 4, 2008), D.E. 1; see also Joe Guillen, Obama Campaign Outcry Extends Precinct Hours, 

Cleveland Plain Dealer, Mar. 5, 2008, at A1; Mark Niquette, Weather, Suit Slow Cuyahoga 

County Results, Columbus Dispatch, Mar. 5, 2008, at 1A. 

2. Temporary Restraining Order, supra note 1; see Complaint, supra note 1, at 1; see also

Niquette, supra note 1. 

3. Complaint, supra note 1. 

4. Docket Sheet, Obama for Am., No. 1:08-cv-562 (N.D. Ohio Mar. 4, 2008). 

5. Interview with Hon. Solomon Oliver, Jr., July 27, 2012.

Tim Reagan interviewed Judge Oliver for this report by telephone. 

6. Id.

7. Id. 

8. Docket Sheet, supra note 4. 
Keeping Polls Open Longer Because of Weather 

2 Federal Judicial Center 3/8/2023 

nied the claim with respect to Franklin County.9 Both Clermont County and 

Franklin County are in the other district.10 Judge Oliver granted the requested relief with respect to some polling places in Cuyahoga County, based on 

representations made at the teleconference.11 All votes received by persons 

arriving after the usual closing time of 7:30 p.m. would be segregated as provisional ballots.12 It was reported that some polls covered by the order had 

already closed when they received the order, and some of them did not reopen.13

Judge Gaughan formally dismissed the action on March 24 on the plaintiff’s representation that no live claim remained.14

As a result of the court’s experiences with this case, it sharpened its procedures for being available on election days.15 The clerk’s office takes greater 

care to make sure it has accurate contact information for the judges.16 The 

clerk’s office stays open late to accept filings, and a court reporter is on duty.17

9. Temporary Restraining Order, supra note 1. 

10. Interview with Hon. Solomon Oliver, Jr., July 27, 2012. 

11. Temporary Restraining Order, supra note 1 (listing twenty-one polling places); Interview with Hon. Solomon Oliver, Jr., July 27, 2012; see Guillen, supra note 1 (reporting that 

the order applied to twenty precincts); Niquette, supra note 1 (reporting that the order applied to “14 of the 576 Cuyahoga County polling locations”). 

12. Temporary Restraining Order, supra note 1. 

13. Guillen, supra note 1; Niquette, supra note 1. 

14. Minute Order, Obama for Am. v. Cuyahoga Cty. Bd. of Elections, No. 1:08-cv-562 

(N.D. Ohio Mar. 4, 2008), D.E. 15. 

15. Interview with Hon. Solomon Oliver, Jr., July 27, 2012. 

16. Id. 

17. Id.