State ex rel. Lange v. King, Clerk

Summary

The Supreme Court of Ohio granted a writ of mandamus compelling the clerk of Newton Falls to transmit a proposed initiative and supporting petitions to the Trumbull County Board of Elections. The court held that the petition was properly filed with the village clerk, that the single-proposal requirement for statewide initiatives did not apply, and that the clerk improperly considered the proposed initiative’s alleged fiscal impact.

Holdings

1. Because Newton Falls is a village, Lange complied with R.C. 731.28 by filing the initiative petition with the village clerk rather than a municipal auditor.
2. The single-proposal requirement in R.C. 3519.01(A) applies only to statewide initiative and referendum petitions, not to the municipal initiative at issue.
3. A village clerk abuses her limited discretion by refusing to certify a municipal initiative based on substantive or fiscal-impact concerns that are not evident on the face of the petition.
4. Lange was entitled to a writ of mandamus compelling the clerk to transmit the petitions and certified initiative text to the Trumbull County Board of Elections.

Questions Presented

1. Whether Lange filed the proposed initiative with the proper municipal official under R.C. 731.28.
2. Whether R.C. 3519.01(A)'s single-proposal requirement applied to the municipal initiative.
3. Whether the village clerk could refuse to certify the initiative based on an asserted unconstitutional impairment of the municipality's contractual obligations and the measure's alleged fiscal impact.
4. Whether the Supreme Court of Ohio should issue a writ of mandamus compelling the clerk to transmit the initiative materials to the board of elections.

Disposition

writ_granted