State ex rel. Leneghan v. Husted

In this action alleging that improprieties occurred during the recount of votes in sixteen Muskingum County precincts and seeking writs of mandamus to certify official election results that excluded all ballots cast in those sixteen precincts, the Supreme Court sua sponte dismissed the amended complaint for failure to state a claim.After the amended complaint was filed, Defendants filed a motion for judgment on the pleadings. The Supreme Court denied the motion but, based on its independent review, sua sponte dismissed the amended complaint for failure to state a claim because the relators failed to allege facts sufficient to establish causation - an essential element of undoing the election results. The Court then denied all eight remaining motions as moot. View "State ex rel. Leneghan v. Husted" on Justia Law