State ex rel. Husted v. Brunner

123 Ohio St. 3d 288, 2009-Ohio-5327 (Ohio 2009) · Supreme Court of Ohio · October 6, 2009 · No. 2009-1707

Summary

The Supreme Court of Ohio granted a writ of mandamus requiring the Montgomery County Board of Elections to treat Jon A. Husted as a Montgomery County resident and maintain his voter registration. The court held that election officials had canceled his registration without following the statutorily prescribed procedures. It also concluded that the secretary of state clearly disregarded applicable law by finding, based on clear and convincing evidence, that Husted was not a Montgomery County resident.

Holdings

  1. Mandamus was an appropriate remedy because Husted had a clear legal right to relief, the respondents had a corresponding legal duty, and the impending election left him without an adequate remedy in the ordinary course of law.
  2. An elector's voter registration may not be canceled except through one of the procedures specifically authorized by R.C. 3503.21, R.C. 3501.05(Q), R.C. 3503.19(C)(2), or R.C. 3503.24(C).
  3. Husted remained a Montgomery County resident for election purposes because his fixed habitation and intent to return were in Montgomery County, and his presence in Franklin County was temporary and primarily attributable to his state legislative employment.

Questions Presented

  1. Whether mandamus was available to challenge the secretary of state's tie-breaking decision concerning Husted's voter-registration residency.
  2. Whether the board of elections and secretary of state could cancel Husted's existing voter registration without following one of the specific statutory procedures governing cancellation.
  3. Whether clear and convincing evidence established that Husted was no longer a Montgomery County resident for election purposes.
  4. Whether the secretary of state could treat the statutory presumption concerning the residence of a married person's family as the exclusive factor in determining Husted's voting residence.

Disposition

writ_granted

Cases Cited (13)

  • State ex rel. Husted v. Brunner, 123 Ohio St. 3d 119, 2009-Ohio-4805, 914 N.E.2d 397(followed)
  • State ex rel. Heffelfinger v. Brunner, 116 Ohio St. 3d 172, 2007-Ohio-5838, 876 N.E.2d 1231, ¶ 13(followed)
  • State ex rel. Greene v. Montgomery Cty. Bd. of Elections, 121 Ohio St. 3d 631, 2009-Ohio-1716, 907 N.E.2d 300, ¶ 10(followed)
  • Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St. 3d 216, 2002-Ohio-5923, 778 N.E.2d 32, ¶¶ 11-12(followed)
  • State ex rel. Herman v. Klopfleisch, 72 Ohio St. 3d 581, 583, 651 N.E.2d 995 (1995)(followed)
  • State ex rel. Babcock v. Perkins, 165 Ohio St. 185, 187, 59 Ohio Op. 258, 134 N.E.2d 839 (1956)(followed)
  • State ex rel. Ditmars v. McSweeney, 94 Ohio St. 3d 472, 476, 764 N.E.2d 971 (2002)(followed)
  • Cross v. Ledford, 161 Ohio St. 469, 53 Ohio Op. 361, 120 N.E.2d 118 (1954)(followed)
  • State ex rel. Klink v. Eyrich, 157 Ohio St. 338, 344, 47 Ohio Op. 198, 105 N.E.2d 399 (1952)(followed)
  • State ex rel. Stine v. Brown Cty. Bd. of Elections, 101 Ohio St. 3d 252, 2004-Ohio-771, 804 N.E.2d 415, ¶ 15(followed)

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