Summary
The Supreme Court of Ohio denied a writ of mandamus sought by L. Stephen Combs to compel the Greene County Board of Elections to verify signatures on his nominating petition and certify him for the ballot. The court held that Ohio Revised Code 3501.38(E)(1) requires a circulator to state the number of signatures on each individual petition paper, and that Combs’s statement of the total signatures across all part-petitions did not strictly comply. The court also rejected arguments based on substantial compliance, the secretary of state’s form, lack of fraud, and an alleged reconsideration hearing.
Holdings
- A relator seeking to compel election officials to verify petition signatures and place a candidate on the ballot must prove by clear and convincing evidence a clear legal right to the relief, a clear legal duty to provide it, and the absence of an adequate remedy in the ordinary course of law.
- R.C. 3501.38(E)(1) requires a circulator to indicate on each individual petition paper or part-petition the number of signatures contained on that paper, not the total number of signatures on the entire petition.
- Candidates must strictly comply with R.C. 3501.38(E)(1); substantial compliance with the form requirements of R.C. 3513.261 does not excuse noncompliance with the separate signature-count requirement.
- The absence of fraud does not excuse failure to comply strictly with R.C. 3501.38(E)(1), and stating the total number of signatures on each part-petition does not establish a clear legal right to ballot access.
- Combs did not prove by clear and convincing evidence that the board held a reconsideration hearing, and the board had no legal duty to hold such a hearing.
Questions Presented
- Whether Combs had a clear legal right to have his petition signatures verified and, if sufficient, have his name placed on the ballot despite stating the total number of signatures on each part-petition.
- Whether R.C. 3501.38(E)(1) requires the circulator to indicate the number of signatures on each individual petition paper or part-petition.
- Whether substantial compliance, absence of fraud, or compliance with Secretary of State Form No. 3-R excused Combs's failure to strictly comply with R.C. 3501.38(E)(1).
- Whether Combs established by clear and convincing evidence that the board held a reconsideration hearing and violated a notice duty.
- Whether the board had a legal duty to hold a reconsideration hearing.
Disposition
writ_denied
Cases Cited (10)
- State ex rel. Davis v. Summit Cty. Bd. of Elections, 137 Ohio St.3d 222, 2013-Ohio-4616, 998 N.E.2d 1093, ¶ 12(followed)
- State ex rel. Finkbeiner v. Lucas Cty. Bd. of Elections, 122 Ohio St.3d 462, 2009-Ohio-3657, 912 N.E.2d 573, ¶ 18(followed)
- Ohio Renal Assn. v. Kidney Dialysis Patient Protection Amendment Commt., 154 Ohio St.3d 86, 2018-Ohio-3220, 111 N.E.3d 1139, ¶¶ 8, 24(followed)
- State ex rel. Commt. for the Referendum of Lorain Ordinance No. 77-01 v. Lorain Cty. Bd. of Elections, 96 Ohio St.3d 308, 2002-Ohio-4194, 774 N.E.2d 239, ¶ 49(followed)
- State ex rel. Linnabary v. Husted, 138 Ohio St.3d 535, 2014-Ohio-1417, 8 N.E.3d 940, ¶ 31(followed)
- State ex rel. Simonetti v. Summit Cty. Bd. of Elections, 151 Ohio St.3d 50, 2017-Ohio-8115, 85 N.E.3d 728, ¶ 26(followed)
- State ex rel. Crowl v. Delaware Cty. Bd. of Elections, 144 Ohio St.3d 346, 2015-Ohio-4097, 43 N.E.3d 406, ¶ 10(distinguished)
- Ohio Manufacturers’ Assn. v. Ohioans for Drug Price Relief Act, 149 Ohio St.3d 250, 2016-Ohio-5377, 74 N.E.3d 399, ¶ 44(distinguished)
- State ex rel. Loss v. Lucas Cty. Bd. of Elections, 29 Ohio St.2d 233, 234, 281 N.E.2d 186 (1972)(followed)
- Disciplinary Counsel v. Jackson, 81 Ohio St.3d 308, 311, 691 N.E.2d 262 (1998)(followed)
Cited In (0)
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Court Document
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