Summary
The Ohio Supreme Court granted a writ of mandamus compelling the Warren County Board of Elections to accept and certify the relators’ nonpartisan candidacies for Mason Municipal Court judge and place their names on the November 6, 2007 ballot. The court held that the board improperly applied the political-party nonaffiliation requirement for independent candidates to nonpartisan candidates.
Holdings
- The relators were entitled to a writ of mandamus because they had a clear legal right to certification and ballot placement, the board had a corresponding clear legal duty, and the proximity of the election left them without an adequate remedy in the ordinary course of law.
- Ohio law does not impose an unaffiliation or disaffiliation requirement on nonpartisan candidates for municipal court judge merely because their petitions must conform to petition requirements applicable to independent candidates.
- The board abused its discretion and clearly disregarded applicable law by applying an independent-candidate nonaffiliation requirement to the relators' nonpartisan candidacies.
Questions Presented
- Whether the relators were entitled to a writ of mandamus compelling certification of their nonpartisan candidacies and placement on the ballot.
- Whether Ohio law imposed an unaffiliation or disaffiliation requirement on nonpartisan candidates for municipal court judge.
- Whether the board of elections abused its discretion or clearly disregarded applicable law by applying the independent-candidate affiliation requirement to the relators.
Disposition
writ_granted
Cases Cited (9)
- Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St. 3d 139, 2005-Ohio-5795, 841 N.E.2d 766, ¶¶ 7-8(followed)
- State ex rel. Gemienhardt v. Delaware Cty. Bd. of Elections, 109 Ohio St. 3d 212, 2006-Ohio-1666, 846 N.E.2d 1223, ¶ 29(followed)
- Morrison v. Colley, 467 F.3d 503 (6th Cir. 2006)(distinguished)
- In re Election of Member of Rock Hill Bd. of Edn., 76 Ohio St. 3d 601, 669 N.E.2d 1116 (1996)(followed)
- State ex rel. Reese v. Cuyahoga Cty. Bd. of Elections, 115 Ohio St. 3d 126, 2007-Ohio-4588, 873 N.E.2d 1251, ¶ 33(followed)
- State ex rel. Nagin v. Celebrezze, 63 Ohio St. 2d 323, 17 O.O.3d 391, 410 N.E.2d 762 (1980)(followed)
- State ex rel. Leslie v. Duffy, 164 Ohio St. 178, 57 O.O. 371, 129 N.E.2d 632 (1955)(followed)
- State ex rel. Altiere v. Trumbull Cty. Bd. of Elections, 65 Ohio St. 3d 164, 602 N.E.2d 613 (1992)(followed)
- State ex rel. Davis v. Pub. Emps. Retirement Bd., 111 Ohio St. 3d 118, 2006-Ohio-5339, 855 N.E.2d 444, ¶ 16(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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