Justia Election Law Opinion Summaries

Articles Posted in Ohio Supreme Court
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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

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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

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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

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These consolidated appeals stemmed from a general election on Issue 6 in Lake Township, Stark County, that approved expansion of the a police district to include all of Lake Township's unincorporated territory and levied a property tax for that purpose. The issue was approved by the voters. Subsequently, many of those who had voted in the election filed a petition contesting the election approving Issue 6 due to an error in ballot language and requesting that the election be set aside. The common pleas court entered a judgment granting the contest and setting aside the election result approving Issue 6, determining that the error in ballot language constituted an election irregularity and that the election irregularity made the election result on Issue 6 uncertain. The Supreme Court affirmed, holding (1) this case presented the extreme circumstances of a misstatement in ballot wording that understated a proposed tax levy by ten times less than the true amount to be collected, which misled the voters and affected the integrity of the election on Issue 6; and (2) based on the applicable law, the common pleas court did not err in granting the contest and setting aside the election. View "In re Election held on Stark County Issue Six" on Justia Law

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This was an original action in which Relators, thirty-six electors living in various districts for the Ohio House of Representatives as reapportioned by the Ohio Apportionment Board on September 30, 2011, sought declaratory and injunctive relief against Respondents, the four republic members of the five-member Ohio Apportionment Board. Relators sought (1) a declaration that the apportionment plan adopted by the Board was invalid because the Board failed to comply with Ohio Const. art. XI, which governs the decennial apportionment of districts in the General Assembly and the Open Meetings Law, Ohio Rev. Code 121.22; and (2) a prohibitory injunction preventing those Board members from calling, holding, supervising, administering, or certifying any elections under their apportionment plan. The Supreme Court (1) dismissed Relators' open-meetings claim for lack of subject-matter jurisdiction; (2) denied Relators' Article XI claims based on laches insofar as they attempted to challenge the use of the apportionment plan for the 2012 election cycle; and (3) held that Relators' remaining Article XI claims were not barred by laches. The Court stated that it would issue a separate order for further briefing and oral argument on those claims. View "Wilson v. Kasich" on Justia Law

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Dennis Varnau, an independent candidate for sheriff of Brown County, filed a protest against Dwayne Wenninger's candidacy for sheriff in the 2008 elections. The board of elections denied the protest because it was not filed by a member of the appropriate party. Following the election victory by Wenninger, Varnau filed a complaint for a writ of quo warranto to oust Wenninger from the office and to place Varnau in that office. The court of appeals denied the writ. The Supreme Court affirmed, holding (1) Varnau did not establish that Wenninger lacked the qualifications under Ohio Rev. Code 311.01(B) to hold the office of sheriff for his third four-year term, and the court of appeals properly denied the writ; and (2) the court of appeals did not err by denying Wenninger's request for attorney fees when he prevailed on Varnau's quo warranto claim. View "State ex rel. Varnau v. Wenninger" on Justia Law

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After an at-large village council member resigned from his office, the village law director swore Respondent Scott Richardson into the office of member of village council to fill the vacancy. One day later, the mayor appointed Relator, Terry Johnson, to the office. Johnson then filed this action for a writ of quo warranto to oust Richardson from the office and to declare Johnson entitled to possession of that office. The Supreme Court granted the writ, holding that the pertinent facts were uncontroverted and established Johnson's entitlement to the requested extraordinary relief where (1) Richardson did not receive enough votes to fill the vacancy on the village council under the plain language of the village charter; and (2) Johnson established that he was entitled to the office under the charter. View "State ex rel. Johnson v. Richardson" on Justia Law

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Petitioner Robert Waters filed a petition to be a candidate for the Warren County Republican Party Central Committee for the 15th Precinct of Lebanon at the March 6, 2012 Republican primary election. Respondent Warren County Board of Elections voted to not certify Waters's candidacy. Waters then filed an expedited-election action for a writ of mandamus to compel the board and its members to certify his candidacy. The Supreme Court denied the writ, holding that Waters was barred from candidacy in the March 6, 2012 Republican primary election because he voted in a primary election as a member of a different political party within the preceding two calendar years. View "State ex rel. Waters v. Spaeth" on Justia Law

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Relators, Ohioans for Fair Districts and its members, petitioned the Supreme Court for a writ of mandamus to compel Respondent, Secretary of State Jon Husted, to treat Sections 1 and 2 of H.B. 319, which established new congressional districts for the state based on the 2010 decennial census, as subject to referendum, to accept the submission of Relators' referendum-petition summary, and to discharge the duties of Husted's office as provided by Ohio Const. art. II and Ohio Rev. Code 3519.01. The Supreme Court granted the writ, holding (1) the writ was consistent with precedent and the plain language of Ohio Const. art. II, and (2) unless a valid referendum petition was timely filed with the secretary of state, H.B. 319 would become effective ninety days from the date the bill was filed by the governor in the office of the secretary of state. View "State ex rel. Ohioans for Fair Dists. v. Husted" on Justia Law

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Mike Gilb, who had been appointed to fulfill a second unexpired term on the Mason City Council, took out candidate petitions for the upcoming general election for city council. Relators, registered voters and city residents, sent Respondents, the county board of elections, a letter claiming that Gilb was ineligible pursuant to the term-limit provisions of the city charter. The board considered the letter at its regular meeting, determining that there was no action for it to take at the time. Subsequently, Relators filed an expedited election action, requesting a writ of prohibition to prevent Respondents from certifying Gilb as a candidate and a writ of mandamus to compel Respondents to sustain their protest. The Supreme Court (1) denied Relators' prohibition claim because they failed to establish their entitlement to the requested relief as (a) Respondents had not exercised or were not about to exercise quasi-judicial power, and (b) Relators did not establish that they lacked an adequate remedy in the ordinary course of law to challenge Gilb's candidacy; and (2) dismissed Relators' mandamus claim for lack of jurisdiction. View "State ex rel. Miller v. Warren County Bd. of Elections" on Justia Law