Justia Ohio Supreme Court Opinion Summaries

The Supreme Court granted the writ of mandamus requested by Jason Stevens to compel the Fairfield County Board of Elections to issue a certificate of nomination to certify Stevens’s name for placement on the May 8, 2018 primary-election ballot as a candidate for election to the Ohio Democratic Party State Central Committee.Stevens filed a petition to appear on the May 8 primary ballot as a Democratic candidate. The Board voted to deny Stevens access to the ballot because his voting history did not show he was a member of the Democratic Party. The Supreme Court granted the relief requested by Stevens, holding that, based on the plain language of Ohio Rev. Code 3513.05, Stevens satisfied the statutory requirements to stand for election to the Ohio Democratic Party state Central Committee, and the Board thus abused its discretion and acted in clear disregard of applicable legal provisions when it disallowed his candidacy. View "State ex rel. Stevens v. Fairfield County Board of Elections" on Justia Law

The Supreme Court denied the writ of mandamus requested by Jonathan Heavey and Adam Hudak certifying their names to the May 8, 2018 ballot as candidates for the Democratic Party’s nominees for governor and lieutenant governor, respectively, holding that Heavey and Hudak failed to show, by clear and convincing evidence, a legal right to have their names placed on the May 8 ballot.Because the county boards of elections verified the validity of only 854 signatures in Heavey and Hudak’s part-petitions, Secretary of State Jon Husted did not certify Heavey and Husted as candidates for the May 8 ballot. In their present action, Heavey and Hudak alleged that Husted and the boards disregarded applicable law by rejecting at least 146 valid signatures. The Supreme Court denied relief, holding that Heavey and Hudak did not present clear and convincing evidence that they were at least 146 erroneously-rejected signatures. View "State ex rel. Heavey v. Husted" on Justia Law

The Supreme Court denied the writ of mandamus requested by Jonathan Heavey and Adam Hudak certifying their names to the May 8, 2018 ballot as candidates for the Democratic Party’s nominees for governor and lieutenant governor, respectively, holding that Heavey and Hudak failed to show, by clear and convincing evidence, a legal right to have their names placed on the May 8 ballot.Because the county boards of elections verified the validity of only 854 signatures in Heavey and Hudak’s part-petitions, Secretary of State Jon Husted did not certify Heavey and Husted as candidates for the May 8 ballot. In their present action, Heavey and Hudak alleged that Husted and the boards disregarded applicable law by rejecting at least 146 valid signatures. The Supreme Court denied relief, holding that Heavey and Hudak did not present clear and convincing evidence that they were at least 146 erroneously-rejected signatures. View "State ex rel. Heavey v. Husted" on Justia Law

The Supreme Court granted the writ of mandamus sought by Relator to compel Respondent, the Delaware County Board of Elections, to place a referendum on the May 8, 2018 ballot.Relator submitted a petition for a referendum proposing a zoning amendment. The board of elections verified that the petition had a sufficient number of valid signatures and certified the petition to appear on the May 2018 ballot. Two interested parties protested against the legitimacy of the referendum. After a hearing, the elections board approved a motion to sustain the protest and decertify the measure based upon the sufficiency of the summary contained within the petition. As a result, the referendum petition was not certified for placement on the May ballot. Relator then filed the present complaint for a writ of mandamus against the board of elections. The Supreme Court granted the writ, holding that, on the merits, the elections board erred in refusing to place the referendum on the ballot because the petition satisfied the requirements of Ohio Rev. Code 519.12(H). View "State ex rel. Quinn v. Delaware County Board of Elections" on Justia Law

The Supreme Court granted the writ of mandamus sought by Relator to compel Respondent, the Delaware County Board of Elections, to place a referendum on the May 8, 2018 ballot.Relator submitted a petition for a referendum proposing a zoning amendment. The board of elections verified that the petition had a sufficient number of valid signatures and certified the petition to appear on the May 2018 ballot. Two interested parties protested against the legitimacy of the referendum. After a hearing, the elections board approved a motion to sustain the protest and decertify the measure based upon the sufficiency of the summary contained within the petition. As a result, the referendum petition was not certified for placement on the May ballot. Relator then filed the present complaint for a writ of mandamus against the board of elections. The Supreme Court granted the writ, holding that, on the merits, the elections board erred in refusing to place the referendum on the ballot because the petition satisfied the requirements of Ohio Rev. Code 519.12(H). View "State ex rel. Quinn v. Delaware County Board of Elections" on Justia Law

The Supreme Court denied Relator’s request for a writ of mandamus and/or a writ of prohibition to compel Respondent, the Wood County Board of Elections, to remove a charter amendment petition from the November 2017 ballot. Relator challenged the validity of the petition, alleging that it exceeded the municipal powers of self-government set forth in the Ohio Constitution, and alleging that the petition had insufficient valid signatures to qualify for the ballot. Respondent concluded that the petition was valid. The Supreme Court affirmed Respondent’s decision rejecting Relator’s protest arguments, holding that Relator’s protest had no merit. View "State ex rel. Espen v. Wood County Board of Elections" on Justia Law

The Supreme Court denied relief in this original action seeking writs of mandamus and prohibition in regards to a zoning referendum. Relators argued that the zoning referendum did not comply with Ohio Rev. Code 519.12(H) because it did not reference the name of the property owner. Therefore, Relators argued that the referendum should removed from the November 7, 2017 ballot. The Supreme Court held (1) Relators’ mandamus claim must be dismissed for lack of jurisdiction because, although Relators framed their mandamus request in terms of compelling the board of elections to discharge affirmative duties, their true objectives were a declaratory injunction and a prohibitory injunction; and (2) the decision of the board denying Relators’ protest was authorized by law, and therefore, Relators were not entitled to a writ of prohibition. View "State ex rel. Tam O'Shanter Co. v. Stark County Board of Elections" on Justia Law

The Supreme Court denied the writ of mandamus sought by Joseph Simonetti seeking to compel the Summit County Board of Elections and Secretary of State (collectively, Respondents) to place his name on the November 7, 2017 ballot as a candidate for a city council position. Respondents refused to certify Simonetti’s candidacy after finding that Simonetti did not sign the statement of candidacy that appeared on his fourth petition paper, which contained twenty-one electors’ signatures, before the electors signed the nominating petition. In denying the writ, the Supreme Court held (1) Respondents properly attributed weight to the fourth petition paper itself, which, on its fact, indicated a failure to comply with Ohio Rev. Code 3513.261; and (2) Simonetti failed to provide clear and convincing evidence that Respondents abused their discretion by crediting less weight to the contrary evidence. View "State ex rel. Simonetti v. Summit County Board of Elections" on Justia Law

The Supreme Court denied writs of mandamus sought by Relators to compel the Mahoning County Board of Elections (BOE) and its individual members (collectively, Respondents) to certify Relators’ petitions to place two proposed amendments to the Youngstown City Charter on the November 2017 ballot: the People’s Bill of Rights for Fair Elections and Access to Local Government and the Youngstown Drinking Water Protection Bill of Rights. The BOE voted not to certify the amendments to appear on the ballot on the grounds that they exceeded the city’s initiative power. In denying the requested writs, the Supreme Court held that the BOE did not violate a clear legal duty when it refused to certify the petitions to place the proposed amendments on the ballot. View "State ex rel. Flak v. Betras" on Justia Law

The Supreme Court denied writs of mandamus requested by Relators - the members of the Athens County and Medina County Committees of Petitioners - seeking to compel Respondents - Relators’ respective county board of elections - to certify initiative petitions to the November ballot. The petitions, which proposed the adoption of a county charter, were denied on the grounds that they were invalid. The Supreme Court held that the boards of elections were justified in finding the petitions invalid and that that issue was dispositive. Because the committees failed to establish a clear legal duty on the part of the boards to place the charter petitions on the ballot, the committees were not entitled to writs of mandamus. View "State ex rel. McGinn v. Walker" on Justia Law