State ex rel. Brubaker v. Lawrence Cty. Bd. of Elections

Summary

The Supreme Court of Ohio denied Ray Brubaker’s request for a writ of mandamus compelling the Lawrence County Board of Elections to place a local liquor option on the May 3, 2022 primary-election ballot. The court held that R.C. 4301.33(A) required strict compliance with the requirement to submit an affidavit concerning notice to affected liquor-permit holders and the provision of the permit-holder list to petition signers, even when no affected permit holders existed.

Holdings

1. R.C. 4301.33(A) requires a petitioner to submit both the list of affected liquor-permit holders or agencies and an affidavit certifying compliance with the notice and petition-list requirements; the Division's letter could not substitute for the affidavit.
2. Strict compliance, rather than substantial compliance, is required because R.C. 4301.33(A) does not expressly authorize substantial compliance and uses the mandatory term 'shall.'
3. The absence of affected permit holders did not excuse submission of the affidavit. The petitioner could comply by attesting that there were no affected permit holders to notify and that the list showing none was provided to petition signers.
4. Brubaker was not entitled to a writ of mandamus because he failed to establish a clear legal right to ballot placement or a clear legal duty on the board to place the proposal on the ballot.

Questions Presented

1. Whether the board abused its discretion or acted contrary to law by rejecting the liquor-option petition because Brubaker failed to submit the affidavit required by R.C. 4301.33(A).
2. Whether the Division of Liquor Control's letter stating that there were no affected permit holders could substitute for the statutory affidavit.
3. Whether Brubaker's efforts constituted substantial compliance with R.C. 4301.33(A).
4. Whether the statutory affidavit requirement could be excused because there were no affected permit holders to notify.

Disposition

writ_denied