Justia Ohio Supreme Court Opinion Summaries

Thomas Brown ran unsuccessfully to become the Democratic nominee for a seat on the Ashtabula County common pleas court in the Democratic Party primary election. Brown subsequently filed nominating petitions to be a judicial candidate on the Ashtabula County Western Area Court in the general election. The Ashtabula County Board of Elections (Board) rejected Brown’s petitions based on the ballot-access restrictions set forth in Ohio Rev. Code 3513.04. Relators, including Brown, subsequently sought a writ of mandamus compelling the Board and its director (collectively, Respondents) to certify Brown’s candidacy for the Western Area Court, asserting that section 3513.04 is unconstitutional. The Supreme Court denied the writ, holding that Relators failed to overcome the presumption of constitutionality and failed to demonstrate that section 3513.04 is unconstitutional beyond a reasonable doubt. View "State ex rel. Brown v. Ashtabula County Bd. of Elections" on Justia Law

On April 15, 2014, the Columbus Coalition for Responsive Government filed a precirculation copy of a proposed initiative ordinance with the Columbus city clerk. On July 15, 2014, the Coalition submitted 497 part-petitions to the clerk. Andrea Blevins, the Columbus city clerk, refused to submit the proposed initiative to city council on the grounds that the part-petitions were defective because the Coalition had failed to file a certified precirculation copy of the proposed initiative ordinance with the city auditor in compliance with Ohio Rev. Code 731.32. The Coalition sought a writ of mandamus to verify the petition signatures and submit the petition to city council. The Supreme Court denied the writ, holding that section 731.32 requires strict compliance. View "State ex rel. Columbus Coal. for Responsive Gov’t v. Blevins" on Justia Law

After the person elected in 2012 to the office of County Sheriff could not assume the office for health reasons, County Commissioners appointed Relator as acting Sheriff until someone could be appointed to occupy the office. The County Democratic Central Committee (DCC) appointed Respondent to occupy the office. Relator filed this original action in quo warranto, claiming that Respondent did not meet the qualifications to assume the office of Sheriff. Relator asserted that he had standing to bring this action because he remained acting Sheriff. The Supreme Court granted the writ and reinstated Relator as acting County Sheriff until the DCC could appoint a qualified person, holding (1) Relator had standing to bring this action in quo warranto; and (2) Respondent failed to meet the statutory qualifications to be a County Sheriff. View "State ex rel. Swanson v. Maier" on Justia Law

Respondent, a candidate for county probate judge, was found to have violated former Jud. Cond. R. 4.4(E) for having received campaign contributions from judicial fundraising events during the judicial campaign that categorized or identified participants by the amount of the contribution made to the event. A panel of the Board of Commissioners on Grievances and Discipline recommended that no disciplinary sanction be imposed but that Respondent be ordered to pay the costs and a portion of the complainant's attorney fees. A commission of five judges appointed by the Supreme Court upheld that panel's judgment and ordered Respondent to pay a $1,000 fine, the costs of the proceeding, and a greater portion of attorney fees. The Supreme Court reversed, holding that Respondent did not knowingly violate Jud. Cond. R. 4.4(E) and, even if Respondent's conduct constituted a technical violation of the rule, no sanction would be warranted in this case. View "In re Judicial Campaign Complaint Against Stormer" on Justia Law

Darrita Davis, a qualified elector in Summit County and a resident of Akron Ward 10, submitted a nominating petition on July 2, 2013 to run as an independent candidate in the November 5, 2013 general election to represent Ward 10 on the Akron City Council. The Summit County Board of Elections determined Davis's petition to be invalid on the basis that Davis was not an independent because she failed to disaffiliate sufficiently from the Democratic Party. Davis sought a writ of mandamus to compel the Board to place her name on the ballot. The Supreme Court granted the writ, holding that Davis established her entitlement to extraordinary relief. View "State ex rel. Davis v. Summit Cty. Bd. of Elections" on Justia Law

Relator sought a writ of prohibition to prohibit the Mahoning County Board of Elections from placing the name of Demaine Kitchen, an independent candidate for mayor of Youngstown, on the November 5, 2013 general election ballot, contending that Kitchen was actually a Democrat and that his profession of independence was not made in good faith. The Supreme Court denied the writ, holding that Relator failed to satisfy his burden of proof, and therefore, the Board did not abuse its discretion by placing Kitchen's name on the ballot. In addition, the Court denied Relator's motion to strike the Board's answer on the grounds of improper service, as Relator failed to demonstrate any harm from the improper service. View "State ex rel. Monroe v. Mahoning County Bd. of Elections" on Justia Law

Cincinnati for Pension Reform (CPR) qualified an initiative to amend the Cincinnati City Charter for the November 5, 2013 ballot. Because CPR objected to the ballot language adopted by the Hamilton County Board of Elections to describe the proposed amendment, it sought a writ of mandamus to compel the Board to adopt new ballot language and to compel the Secretary of State to approve the new language. The Supreme Court granted the requested writ in part and denied it in part, holding (1) the Board abused its discretion by adopting ballot language that omitted two key provisions of the proposed charter amendment; but (2) CPR did not establish entitlement to a writ against the Secretary of State. View "State ex rel. Cincinnati for Pension Reform v. Hamilton County Bd. of Elections" on Justia Law

On May 6, 2013, one day before the primary, Coughlin filed a nominating petition as a candidate the office of clerk of courts for the Stow Municipal Court in the November general election. Coughlin is a qualified elector and satisfies the statutory requirements to run for the Stow Municipal Court clerkship. On July 11, 2013, an elector, Nelsch, filed a protest, challenging Coughlin’s ability to run as either a nonpartisan or independent candidate by setting out Coughlin’s long history of association with the Republican Party. Coughlin responded in writing and at the board’s July 15, 2013 protest hearing. Coughlin argued that he was running as a nonpartisan candidate, not an independent candidate, and that the requirement of disaffiliation applies only to independent candidates. The board voted unanimously to sustain the protest and deny Coughlin’s petition. The Ohio Supreme Court granted a writ of mandamus, holding that there is no statutory provision extending the disaffiliation requirement to candidates for nonpartisan office. View "Coughlin v. Summit Cty. Bd. of Elections" on Justia Law

On January 31, 2013, Yeager submitted a declaration of candidacy to the Richland County Board of Elections, to seek the Republican Party nomination to represent the 5th Ward in the Mansfield City Council. His petitions contained sufficient valid signatures. Yeager was the only person to file a declaration of candidacy. R.C. 3513.02 provides that if in an odd-numbered year, the number of declared candidates seeking a particular party’s nomination does not exceed the number of candidates that party is entitled to nominate, then no primary will be held, and election officials shall certify the declared candidate(s) for inclusion on the general-election ballot. The board of elections certified Yeager’s candidacy for the general-election ballot without a primary, at its March 14, 2013 meeting. On April 2, 2013, the board determined that Yeager was not a qualified elector in the 5th Ward and did not reside at 462 Lily Street, the address listed on his voter-registration form. On July 9, the board officially voted to remove Yeager’s name from the November ballot. The Ohio Supreme Court granted a writ of mandamus, holding that the board, which had not received a written protest or held a hearing, acted untimely and in disregard of clearly-established law. View "Yeager v. Richland Cty. Bd. of Elections" on Justia Law

Following an evidentiary hearing, the Brunswick City Council removed Appellant, a city council member, from office for violating section 3.05(b) of the Brunswick Charter. Afterwards, Appellee was appointed to fill the vacancy created by Appellant's removal. Appellant filed an administrative appeal from the city council's decision, and the court of common pleas affirmed. The court of appeals dismissed the appeal based on mootness. Before the common pleas court decided his administrative appeal, Appellant filed a writ of quo warranto requesting that Appellee be ousted and that he be restored to the office of council member. The court of appeals denied the writ. The Supreme Court affirmed, holding that Appellant failed to establish that the court of appeals erred in denying the requested extraordinary relief in quo warranto. View "State ex rel. Capretta v. Zamiska" on Justia Law