Civil Rights & Constitutional Law
Cleveland Scene sues Downtown Cleveland Alliance for removing 26 distribution boxes from downtown
April 13, 2017
Saturday, December 17, 2016
Canton, OH ― Chandra Law today served a complaint and emergency motion for temporary restraining order against Ohio 50th House District Representative Christina Hagan (R-Alliance) alleging that her status as a presidential Electoral College member is illegal, and that her anticipated December 19, 2016 noon intended vote for Donald Trump for president and Mike Pence for vice president would violate Ohio's Constitution.
Plaintiffs Deborah L. Cain of Uniontown and Andrew J. DiLiddo of Canton―both Hagan constituents―assert that Hagan's Electoral College membership violates Ohio Constitution, Article II, Section 4. That provision bars an Ohio General Assembly member from also serving as a federal or other state public official―unless that member first resigns from her assembly seat. The Ohio Supreme Court in 1948 observed that the office of Ohio presidential elector is a state office.
Subodh Chandra, Plaintiffs' lead counsel, said, "By blatantly violating the Ohio's Constitution unambiguous bar on state legislators holding dual public offices, Rep. Hagan is displaying contempt for the Constitution." (Click below for more.)
Chandra continued, "As an Ohio General Assembly member, Hagan is barred from being a presidential elector and voting for Donald Trump and Mike Pence. If she wants to be an Electoral College member, she must first resign her General Assembly seat. Plaintiffs need emergency intervention by a Court to stop Hagan's unconstitutional behavior and to protect the integrity of Ohio's legislature."
"Regrettably," Chandra added, "this continues a disturbing pattern of contempt Rep. Hagan has shown for constitutional rights."
Plaintiffs have requested the Stark County Court of Common Pleas to have a hearing on the temporary-restraining-order motion as early as 8:30 am, December 19, 2016, before the Electoral College meets at noon.
Plaintiffs are also represented by Donald P. Screen, Sandhya Gupta, Patrick Haney, and Marvin Brown IV of Chandra Law.
The complaint and emergency motion for temporary restraining order are linked below:
2016-12-17 Plaintiff's verified complaint for injunctive and declaratory relief against Defendant Christina Hagan.pdf
2016-12-17 Plaintiffs' motion for temporary restraining order against Defendant Christina Hagan.pdf