October 22, 2008 - 17:53
News: Ohio

GOP fundraiser speaks about dropped case

David Myhal, a Republican fundraiser who dropped his Ohio Supreme Court lawsuit against Secretary of State Jennifer Brunner (D) yesterday spoke to PolitickerOH.com about why he quit his legal fight against her over voter registration validations.

Tuesday evening Myhal dropped the case he filed with the court on Friday, following a similar Ohio Republican Party lawsuit's failure to gain standing at the U.S. Supreme Court on appeal. Democrats immediately asked four Ohio Supreme Court justices to recuse themselves from the case because Myhal raised money for their campaigns.

ORP chair Bob Bennett asked Myhal to drop the case yesterday to allow the party to negotiate with Brunner outside of the legal system. Myhal said Bennett's appeal was one factor among others for why he dropped the case.

"I'm certainly not saying they were the deciding factor," Myhal said, adding that he spoke to his lawyers about what course of action to take.

Myhal said he thought about the potential conflict of interest some justices might have with his case because he's fundraised for them, but decided the cause was too important to not file suit against Brunner.

"I definitely thought about it, but at the same time I felt that the merits of the case and this situation were important," he said. "I certainly didn't imagine that I would become the distraction I did...."

Myhal said he was not recruited by ORP to file suit against Brunner, but had been talking to the party Friday about what developments were on going in its legal strategy to defeat Brunner her refusal to tell county boards of election to reject mismatched voter registrations.

Myhal said attorneys needed a plaintiff and he volunteered himself to two them to shoulder the case. The attorneys have worked with the ORP, he said.

"My suit was filed because I wanted there to be a fair election process and people to do their due diligence and checking.... Some people may find that a little harder to believe because of what I do for a living but I filed the suit because I really honestly believed it was the right thing to do."

CORRECTION: a previous version of this article misstated Myhal's comments about being approached by ORP. The party did not ask Myhal to be the plaintiff, he said. He volunteered himself to the attorneys. 

Justin Miller is a PolitickerOH.com Reporter and can be reached via email at noreply@politicker.com.

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