Justia Ohio Supreme Court Opinion Summaries

This was an election contest regarding the office of state representative. Joshua O'Farrell and Al Landis were the candidates. After the general election, the county board of elections declared that Landis had defeated O'Farrell by fourteen votes. After an automatic recount was conducted, the county board of elections declared that Landis had defeated O'Farrell by eight votes. O'Farrell subsequently filed this case contesting the election. O'Farrell moved for an order to hand-count or permit inspection of thirteen ballots, which the chief justice denied. O'Farrell then moved the Supreme Court for an order compelling production of the ballots, to extend the deadline by which to submit evidence, and for leave to file a motion to supplement the motion to compel. The Court denied the motions after noting that O'Farrell would have the opportunity to present his arguments for a recount or visual inspection to the House of Representatives when the election petition was before that body, holding that because O'Farrell had not identified a genuine election irregularity in his petition, a visual inspection or production of the ballots to support that count was not justified at this time. View "O'Farrell v. Landis" on Justia Law

Township, located in County, decided to place a tax levy for fire protection and emergency medical services in excess of the ten-mill limitation on the February 5, 2013 special-election ballot. The board of Township trustees adopted a resolution declaring it necessary to levy the additional levy and determined to proceed to have the tax question submitted to Township electors. The County board of elections voted unanimously to deny certification of the levy on the February 5, 2013 special-election ballot, determining that Township failed to submit the documents for the levy by the 4:00 p.m. deadline on November 7, 2012. On December 12, 2012, the Township board of trustees filed this expedited election action for writ of mandamus to compel the County board of elections to place the levy on the special-election ballot. The Supreme Court granted the writ, holding that the board of elections abused its discretion by refusing to place the levy on the ballot, where the fact that the resolution was time-stamped two minutes late harmed no one's rights, and that the people of Township should have the opportunity to determine whether the cuts to safety services that would occur without a levy are acceptable. View "State ex rel. Orange Twp. Bd. of Trs. v. Del. County Bd. of Elections" on Justia Law

This was an original action challenging the decennial apportionment of districts in the General Assembly. At issue was whether the 2011 apportionment plan adopted by the apportionment board (Respondents) complied with Ohio Const. art. XI, 7 and 11. The Supreme Court denied Relators' request for declaratory and injunctive relief, holding that Relators failed to adduce sufficient, credible proof to rebut the presumed constitutionality accorded the 2011 apportionment plan by establishing that the plan was unconstitutional beyond a reasonable doubt, and therefore, Relators were not entitled to a declaration that the 2011 apportionment plan was unconstitutional or a prohibitory injunction to prevent elections from being conducted in accordance with that plan. View "Wilson v. Kasich" on Justia Law

This was an appeal from a judgment granting a writ of mandamus to compel Appellees, the county board of commissioners and the county board of elections, to hold a special election before January 1, 2013 to elect a judge for the newly created county municipal court for a one-year term in 2013. The court of appeals granted the writ to compel the special election. The Supreme Court (1) reversed the judgment of the court of appeals with regard to granting the special election and instead held that Appellants established their entitlement to a writ of mandamus to compel Appellees to conduct the November 6, 2012 election for the two part-time judgeships for the county court; (2) granted a writ of mandamus to compel the board of elections to accept the filed petitions and conduct the November 6, 2012 election for the judges of the county court; and (3) affirmed the judgment of the court of appeals insofar as the court held that the pertinent legislation was unconstitutional insofar as it appointed judges of the county court to the newly created county municipal court for 2013. View "State ex rel. Whitehead v. Sandusky County Bd. of Comm'rs" on Justia Law

Appellant was appointed as the village of New Miami fiscal officer. Later the mayor discovered that Appellant failed to properly perform his duties as village fiscal officer, and the village council passed a resolution terminating Appellant's employment as fiscal officer without cause. The mayor subsequently appointed Appellee as the new village fiscal officer. Approximately three years later Appellant filed a complaint in the court of appeals for a writ of quo warranto ousting Appellee from the office of fiscal officer and reinstating him to the office. The court of appeals denied the writ and awarded Appellee reasonable attorney fees and expenses. The Supreme Court (1) affirmed the judgment denying the writ of quo warranto and most of the challenged rulings on various motions in the case, holding that the court of appeals properly held that Appellant could not establish either that the office of village fiscal order was being unlawfully held by Appellee or that Appellant was entitled to the office; and (2) reversed the judgment awarding reasonable attorney fees and expenses, holding that the court of appeals erred in imposing sanctions under Ohio R. Civ. P. 11 without holding an evidentiary hearing. Remanded. View "State ex rel. Ebbing v. Ricketts" on Justia Law

This was an expedited election action in which Relator, the city of Brecksville, sought writs of mandamus and prohibition to prevents Respondents, the secretary of state and Cuyahoga County board of elections, from certifying an initiative petition and submitting the initiative to electors at the November 6, 2012 general election. The petition was filed in respect to Citizens United v. Fed Election Comm. and was titled, "Initiative in support of movement to amend the U.S. Constitution to establish that corporations are not people and money is not speech" and proposed certain ordinances to city electors for their proposal. The Supreme Court (1) dismissed the purported mandamus claim for lack of jurisdiction, as the city's request actually sought a declaratory judgment and a prohibitory injunction; and (2) denied the writ of prohibition, holding that the ordinances proposed by the initiative constituted proper legislative action. View "State ex rel. Brecksville v. Husted" on Justia Law

This was an expedited election case in which Relators, taxpayers and committee members representing the petitioners supporting the issue, requested a writ of mandamus to compel Respondent, the county board of elections, to submit a levy-decrease question to the electorate at the November 6, 2012 general election. The Supreme Court denied the writ, holding that the board of elections neither abused its discretion nor clearly disregarded Ohio Rev. Code 5705.261 and 5705.192 by removing Relators' levy-decrease initiative from the November 6 ballot where the voter-approved levy did not increase the rate of the preexisting voter-approved levies. View "State ex rel. Taxpayers for Westerville Sch. v. Bd. of Elections" on Justia Law

This was an expedited election case for writs of mandamus and prohibition to find Akron Ordinance No. 271-2012 to be invalid and to order Respondents, the Summit County board of elections and the secretary of state of Ohio, to reconvene forthwith and adopt ballot language that properly described the proposed charter amendment for the November 6, 2012 general election. The Supreme Court denied the writs, holding that Relator did not establish his entitlement to the requested extraordinary relief, as (1) the proposed charter amendment did not violate the Akron Charter; and (2) the board of elections and secretary of state did not abuse their discretion or clearly disregard applicable law by rejecting Relator's argument concerning the approved ballot language, and the ballot language for the proposed charter amendment approved by the board of elections and secretary of state properly described the amendment. View "State ex rel. Kilby v. Summit Cty. Bd. of Elections" on Justia Law

This was an action for writ of mandamus to compel Respondent, the Beaver Township Board of Trustees, to adopt a resolution to cause the Mahoning County Board of Elections to submit to the Beaver Township electors the question of whether the township should adopt a limited home-rule government. The Supreme Court denied the writ, holding that Relators did not strictly comply with the applicable statutory procedure, as Relators did not submit the proper petition to the board of township trustees as required by Ohio Rev. Code 504.01(A)(4), instead submitting a petition purporting to be under Ohio Rev. Code 504.14 to the township fiscal officer. Section 504.14 did not apply because Beaver Township had not adopted limited home-rule government. View "State ex rel. Davis v. Beaver Twp. Bd. of Trs." on Justia Law

This was an original action pursuant to Ohio Const. art. XVI, 1 for a writ of mandamus compelling Respondent, the Ohio Ballot Board, including the secretary of state, to reconvene forthwith to replace ballot language previously adopted with ballot language that properly described the proposed redistricting amendment so that it may appear on ballot for the November 6, 2012 general election. The Supreme Court granted the writ, holding that Relators established that the ballot board's condensed ballot language for the proposed constitutional amendment was defective, and thus invalid, because it contained factual inaccuracies and material omissions that had the effect of misleading the voters. View "State ex rel. Voters First v. Ohio Ballot Bd." on Justia Law