Summary
The Supreme Court of Ohio granted a peremptory writ of mandamus requiring the secretary of state to summarily decide a board of elections' tie vote concerning Jon Husted's residency. The court dismissed Husted's remaining claims seeking to compel the secretary to dismiss or deny the residency challenge, holding that those claims improperly sought to control discretionary action.
Topics
Practice areas
Questions Presented
- Whether the Secretary of State had a clear legal duty under R.C. 3501.11(X) to summarily decide the board of elections' tie vote concerning Husted's residency.
- Whether mandamus could compel the Secretary of State to dismiss or deny the residency challenge rather than merely require her to exercise her statutory discretion.
Holdings
- The Secretary of State had a clear legal duty under R.C. 3501.11(X) to summarily decide the tie vote submitted by the board of elections, and Husted was entitled to a peremptory writ compelling that decision.
- Mandamus could not compel the Secretary of State to dismiss or deny the residency challenge because she had not yet exercised her discretion on the tie vote, making those claims premature.
Key quotations
“In all cases of a tie vote or a disagreement in the board, if no decision can be arrived at, the director or chairperson shall submit the matter in controversy, not later than fourteen days after the tie vote or the disagreement, to the secretary of state, who shall summarily decide the question, and the secretary of state’s decision shall be final.” (¶ 13)
“Based on the uncontested facts as admitted by the secretary of state in her answer, Husted has established a clear legal right to have the secretary of state summarily issue a decision breaking the board’s tie vote on the issue of his residency, a corresponding clear legal duty on the part of the secretary of state under R.C. 3501.11(X) to summarily decide the matter, and the lack of an adequate remedy in the ordinary course of the law to compel the secretary of state to exercise her discretion to break the board’s tie vote.” (¶ 18)
“Accordingly, we grant Husted a peremptory writ of mandamus compelling the secretary of state to comply with her duty under R.C. 3501.11(X) to break the elections board’s tie vote and summarily decide the issue of Husted’s residency no later than seven days from the date of this opinion.” (¶ 22)
Factual background
Jon A. Husted was registered to vote in Montgomery County while acknowledging that he also resided with his family in Franklin County in his wife's home when conducting public business there. ProgressOhio.org, Inc. and a Montgomery County elector challenged his eligibility to vote as a Montgomery County resident. The Montgomery County Board of Elections twice deadlocked two-to-two on the residency issue and submitted the second tie vote to Secretary of State Jennifer Brunner, who had not decided it by the time Husted filed suit.
Procedural history
The Montgomery County Board of Elections twice deadlocked two-to-two on a challenge to Husted's residency and submitted the matter to the Secretary of State. After the Secretary requested additional materials and returned the matter to the board, the board again submitted a tie vote, which the Secretary had not decided when Husted filed this mandamus action. The Supreme Court of Ohio granted a peremptory writ requiring the Secretary to decide the tie vote within seven days and dismissed Husted's remaining claims seeking to control the substance of that decision.
Remand instructions
The Secretary of State was ordered to comply with R.C. 3501.11(X) by breaking the elections board's tie vote and summarily deciding Husted's residency issue no later than seven days from the opinion's date. The remaining claims were dismissed.