Summary
The Ohio Supreme Court considered a challenge to the certification of Thomas L. Wearsch as a candidate for Avon city council based on incorrect term-ending dates appearing on his nominating petitions. The court dismissed the mandamus claim for lack of jurisdiction and denied prohibition, holding that the petition substantially complied with R.C. 3513.261 because the candidate designated a full term and the additional term-ending dates were surplusage. The court also held that the election board’s handling of the protest hearing did not invalidate the petition.
Holdings
- A complaint seeking a declaratory judgment or prohibitory injunctive relief does not state a cause of action in mandamus and must be dismissed for lack of jurisdiction.
- R.C. 3513.261 requires only substantial compliance with the form of a nominating petition and statement of candidacy. When a candidate designates a full-term candidacy, the candidate need not provide a term-ending date; an incorrect additional date is surplusage that does not invalidate the petition when it does not mislead petition signers.
- The timing requirements of R.C. 3513.263 are designed to require prompt action by election officials; failure to act within the statutory time does not itself invalidate an otherwise valid petition or validate an invalid one.
Questions Presented
- Whether Phillips's mandamus claim stated a cognizable claim when the relief sought was to prohibit Wearsch's candidacy and ballot placement.
- Whether the board abused its discretion or clearly disregarded R.C. 3513.261 by accepting Wearsch's petition despite the incorrect term-ending dates.
- Whether the board's alleged failure to promptly set the protest hearing under R.C. 3513.263 invalidated the petition or entitled Phillips to prohibition.
Disposition
other
Cases Cited (16)
- State ex rel. Grendell v. Davidson, 86 Ohio St. 3d 629, 634, 716 N.E.2d 704, 710 (1999)(followed)
- State ex rel. Youngstown v. Mahoning Cty. Bd. of Elections, 72 Ohio St. 3d 69, 70-71, 647 N.E.2d 769, 771 (1995)(followed)
- State ex rel. Baldzicki v. Cuyahoga Cty. Bd. of Elections, 90 Ohio St. 3d 238, 241, 736 N.E.2d 893, 895 (2000)(followed)
- State ex rel. Baur v. Medina Cty. Bd. of Elections, 90 Ohio St. 3d 165, 166, 736 N.E.2d 1, 2 (2000)(followed)
- State ex rel. Citizens for Responsible Taxation v. Scioto Cty. Bd. of Elections, 65 Ohio St. 3d 167, 169, 602 N.E.2d 615, 617 (1992)(distinguished)
- State ex rel. Osborn v. Fairfield Cty. Bd. of Elections, 65 Ohio St. 3d 194, 196-197, 602 N.E.2d 636, 638 (1992)(followed)
- State ex rel. Clinard v. Greene Cty. Bd. of Elections, 51 Ohio St. 3d 87, 554 N.E.2d 895 (1990)(distinguished)
- State ex rel. Calhoun v. Scioto Cty. Bd. of Elections, 36 Ohio St. 3d 164, 522 N.E.2d 49 (1988)(distinguished)
- State ex rel. McGinley v. Bliss, 149 Ohio St. 329, 37 O.O. 21, 78 N.E.2d 715 (1948)(distinguished)
- State ex rel. Cooker Restaurant Corp. v. Montgomery Cty. Bd. of Elections, 80 Ohio St. 3d 302, 308, 686 N.E.2d 238, 243 (1997)(followed)
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