State ex rel. Maxcy v. Saferin

The Supreme Court denied the writ of mandamus sought by Relators seeking to compel Respondents, the Lucas County Board of Elections and its members, to place a proposed charter amendment on the November 6, 2018 general-election ballot, holding that the submission of the proposed charter amendment to the board of elections did not follow the specific procedure set forth in Ohio Const. article XVIII, sections 8 and 9.Sections 8 and 9 require the legislative body of the municipality to pass an ordinance instructing the board of elections to place the proposed amendment on the ballot upon submission of a sufficient petition. The proposed charter amendment in this case. Relators in this case sought to amend the city charter of Toledo. Relators, however, failed to allege or prove that the Toledo city council passed an ordinance submitting the proposed charter amendment to the electors. The Supreme Court denied mandamus relief, holding that the proposed charter amendment was never properly before the Board, and therefore, Relators did not have a clear legal right to their requested relief, and the board did not have a clear duty to provide it. View "State ex rel. Maxcy v. Saferin" on Justia Law