State ex rel. Burroughs v. Summit County Board of Elections

Summary

The Supreme Court of Ohio granted Richard A. Burroughs's petition for a writ of mandamus, ordering the Summit County Board of Elections to certify him as an independent candidate for Akron City Council Ward 8. The court held that the board abused its discretion by rejecting four petition signatures based on inconsistencies with voter-registration signatures, relying on State ex rel. Crowl v. Delaware Cty. Bd. of Elections. The opinion includes dissenting views that the board had not been presented with uncontroverted authenticity evidence when it rejected the signatures.

Holdings

1. The board of elections abused its discretion in rejecting the four petition signatures and denying Burroughs a place on the ballot.
2. A writ of mandamus should issue ordering the board of elections to certify Burroughs as an independent candidate and place him on the ballot.

Questions Presented

1. Whether the Summit County Board of Elections abused its discretion by rejecting four nominating-petition signatures based on a mismatch with the electors' voter-registration signatures.
2. Whether Burroughs was entitled to a writ of mandamus compelling the board to certify him as an independent candidate and place his name on the ballot.

Disposition

writ_granted