State ex rel. Ganoom v. Franklin County Board of Elections

Summary

The Supreme Court of Ohio granted in part a writ of mandamus requiring Upper Arlington to place a vacant city council seat on the November 2016 ballot. The court held that the city charter imposed a clear legal duty to conduct an election for the unexpired term and denied relief against the Franklin County Board of Elections because the matter had not yet reached the board. Separate opinions concurred in judgment or dissented regarding the interpretation of the charter and the timing of the election.

Holdings

1. Leave to amend was properly granted because the case presented a single legal question, the amended affidavit supplied no additional factual or legal information, and respondents suffered no prejudice from the delay.
2. The charter imposed a clear legal duty on Upper Arlington to fill Schadek’s seat for the remainder of his term at the November 2016 election.
3. No relief was warranted against the board of elections because the matter had not yet reached the board.

Questions Presented

1. Whether Ganoom should be permitted to amend and properly serve the affidavit supporting his expedited mandamus complaint.
2. Whether the Upper Arlington City Charter required the city to place Schadek’s vacant council seat on the November 2016 general-election ballot.
3. Whether mandamus relief could issue against the Franklin County Board of Elections before the matter had reached the board.

Disposition

writ_granted