State ex rel. McCann v. Delaware County Board of Elections

In this expedited elections case, the Supreme Court granted a writ of prohibition to prevent the Delaware County Board of Elections (the Board) from placing a township zoning referendum on the November 2018 ballot, holding that the referendum petition lacked sufficient signatures for placement on the ballot.The Board found that the petition had 127 valid signatures, eleven more than necessary, and certified the referendum to the November 2018 ballot. After their protest was rejected by the Board, protestors filed this prohibition action. The Supreme Court granted a writ of prohibition and ordered the Board to remove the referendum from the ballot, holding (1) one of the part-petitions was invalid because a person other than the circulator indicated the number of signatures that the circulator had witnessed; and (2) without the signatures on that part-petition, the referendum lacked sufficient signatures and could not proceed to the ballot. View "State ex rel. McCann v. Delaware County Board of Elections" on Justia Law