State ex rel. Schmitt v. Bridgeport

Summary

The Supreme Court of Ohio denied a writ of mandamus sought to compel Bridgeport officials or the Belmont County Board of Elections to process and place a marijuana-related initiative petition on the November 2021 ballot. The court held that the relators had not filed the completed petition with the proper village official and therefore had not established a clear legal right to relief; it also denied costs and attorney fees.

Holdings

1. Relators were not entitled to mandamus because R.C. 731.28 conditions the village clerk's and board of elections' duties on the proponent's filing the completed petition with the village clerk, and Schmitt did not file or attempt to file the signed petition with the proper official.
2. Relators were not entitled to a writ compelling the Belmont County Board of Elections to place the initiative directly on the November 2021 ballot.
3. Relators were not entitled to costs or attorney fees under R.C. 733.61 because judgment was not entered in their favor and they lacked good cause to believe their allegations were well founded.
4. The motion to establish the amount of security for costs was denied as moot.

Questions Presented

1. Whether relators established a clear legal right to mandamus compelling the village clerk to certify the initiative petition to the board of elections.
2. Whether relators established a basis for mandamus compelling the Belmont County Board of Elections to place the initiative directly on the November 2021 ballot.
3. Whether relators were entitled to costs and attorney fees under R.C. 733.61.
4. Whether the motion to establish security for costs remained justiciable after the court denied the requested relief.

Disposition

writ_denied