The John McCain campaign sent out more than 1 million applications for absentee ballots to Republicans. Each had a line at the top next to a box: "I am a qualified elector."

Brunner sent a memo telling county election officials to reject those applications for absentee ballots if the box was not checked. "Failure to check the box leaves both the applicant and the board of elections without verification that the applicant is a 'qualified elector'," she wrote.

But that's contrary to state law and Brunner doesn't have the authority, according to the lawsuit and an opinion from Hamilton County's Republican Prosecutor Joe Deters.

Ohio law allows voters to request an absentee ballot on the back of a grocery sack if they want to, as long as they include their name, address, date of birth, signature and either a driver's license number, last four Social Security numbers or a valid picture I.D.