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

Summary

The Supreme Court of Ohio granted a writ of mandamus compelling the Summit County Board of Elections to count valid signatures on a part-petition that the board had invalidated. The court held that the board abused its discretion because undisputed evidence showed that an unqualified signer’s signature had been crossed out, making the circulator’s signature count accurate under R.C. 3501.38(E)(1).

Holdings

1. The board of elections abused its discretion by invalidating Petition 1 because the undisputed evidence showed that the nonqualifying signature had been crossed out, making the circulator's statement accurate.
2. A writ of mandamus should issue compelling the board of elections to approve and accept the part-petition and count its valid signatures.

Questions Presented

1. Whether the Summit County Board of Elections abused its discretion by invalidating an entire part-petition because the circulator's statement listed fewer signatures than appeared on the petition when the additional signature had been crossed out.
2. Whether the board had a clear legal duty to approve and accept the part-petition under R.C. 3501.38.

Disposition

writ_granted