State ex rel. Richards v. Stark Cty. Bd. of Elections

Summary

The Supreme Court of Ohio denied a writ of prohibition seeking to prevent Francis H. Cicchinelli Jr. from appearing on the November 2015 ballot as an independent candidate for mayor of Massillon. The court held that the protesters failed to present clear and convincing evidence that Cicchinelli’s declaration of independent candidacy was not made in good faith, and that the Secretary of State did not abuse his discretion or disregard applicable law.

Holdings

1. A candidate seeking to run as an independent under R.C. 3513.257 must declare independent status in good faith; the statute does not necessarily require affirmative steps to disaffiliate from a political party.
2. The protesters failed to prove by clear and convincing evidence that Cicchinelli's declaration of independent candidacy was not made in good faith.
3. The Secretary of State did not abuse his discretion or clearly disregard applicable law by breaking the board's tie in favor of certifying Cicchinelli's independent candidacy.

Questions Presented

1. Whether the Secretary of State abused his discretion or clearly disregarded applicable law by certifying Cicchinelli as an independent candidate despite his prior Democratic affiliation and testimony concerning when he became independent.
2. Whether the protesters presented clear and convincing evidence that Cicchinelli's declaration of independent candidacy was not made in good faith.
3. Whether the Secretary of State applied the wrong legal standard by referring to the good faith of Cicchinelli's disaffiliation from the Democratic Party.

Disposition

writ_denied