Justia Election Law Opinion Summaries

The Supreme Court denied relief in this expedited election action brought by Brandon King, mayor of East Cleveland, seeking extraordinary writs to compel the removal of a proposed East Cleveland city-charter amendment from the November 7, 2023 general election ballot and to prevent the December 5, 2023 special mayoral-recall election, holding that King was not entitled to relief.On August 9, 2023, the East Cleveland City Council passed resolution submitting to city electors a proposed revision to the city charter that would change the mayoral election from a partisan to a nonpartisan contest. The Cuyahoga County Board of Elections and its individual members (collectively, the board) voted unanimously to approve the proposed city-charter amendment for placement on the November 7 ballot as Issue 48. A city resident later submitted a petition for King's recall as mayor, and the board scheduled a December 5, 2023 special election. King submitted a written protest challenging the placement of Issue 48 on the general election ballot and placement of the mayoral-recall issue on the December 5 special-election ballot. The protest was dismissed. King subsequently filed this action seeking extraordinary relief. The Supreme Court denied relief, holding that the board did not abuse its discretion or disregard applicable law in dismissing King's protest. View "State ex rel. King v. Cuyahoga County Bd. of Elections" on Justia Law

The Supreme Court denied a writ of prohibition sought by Relator ordering Cuyahoga County Board of Elections and its individual members to remove a proposed East Cleveland city-charter amendment from the November 7, 2023 general election ballot and refrain from going forward with a special mayoral-recall election, holding that Relator was not entitled to the writ.Relator, the mayor of East Cleveland, sought a writ of prohibition ordering Respondents - the Cuyahoga County Board of Elections and its individual members - to remove a proposed city-charter amendment from the November 2023 general election ballot and refrain from proceeding with a May 5, 2023 mayoral-recall election. Relator further sought a temporary restraining order and preliminary injunction asking that the elections and the mayoral recall not go forward. The Supreme Court denied the writ and denied as moot Relator's motion for a temporary restraining order and preliminary injunction, holding that Relator was not entitled to the writ of prohibition. View "State ex rel. King v. Cuyahoga County Bd. of Elections" on Justia Law

In this expedited election case, the Supreme Court granted a writ of mandamus compelling Respondents to sustain a protest compelling Secretary of State Frank LaRose and the Logan County Board of Elections to sustain a protest and remove an initiative from the November 2023 general election ballot, holding that LaRose and the board abused its discretion and disregarded the law in overruling Relators' protest.Petitioners collected signatures for an initiative petition concerning a proposed ordinance regarding drag artists and drag shows. The part-petitions that were filed, however, differed from the circulated part-petitions. The board found that the petition contained a sufficient number of valid signatures. Relators filed a protest, but Secretary LaRose voted against the protest. Relators then filed this mandamus action seeking to compel Respondents to sustain their protest. The Supreme Court sustained the writ, holding that the petition as filed did not comply with Ohio Rev. Code 731.31 because each filed part-petition included a title that was not presented to the electors who signed it. View "State ex rel. Hildreth v. LaRose" on Justia Law

The Supreme Court granted a writ of mandamus ordering the Union County Board of Elections to place a referendum on the November 7, 2023 general election ballot in this expedited election case, holding that the Union County Board of Elections and Secretary of State based their discretion and acted in clear disregard of the applicable law when they removed the referendum from the ballot.On the same day that the Marysville City Council passed an ordinance to annex 263.25 acres adjoining Marysville it passed an ordinance to rezone the territory from agricultural use to a planned-unit development. Relators circulated referendum petitions for the annexation ordinance, and the board certified the referendum to the ballot. Respondent filed an election protest to the referendum. The Secretary of State sustained the protest and excluded the referendum from the ballot. Relators then brought this action for a writ of mandamus to compel the board to place the referendum on the November 2023 general election ballot. The Supreme Court granted the writ, holding that it was an abuse of discretion to remove the referendum from the ballot. View "State ex rel. Miller v. Union County Bd. of Elections" on Justia Law

The Supreme Court denied a writ of mandamus ordering the Crawford County Board of Elections to certify Relator's name as a candidate for a seat on the Galion City Council on the November 7 general election ballot, holding that the Board properly invalidated a part-petition in its entirety.The Board notified Relator by letter that it would not certify her name as a candidate for a seat on the Galion City Council after determining that one of the part-petitions circulated by Relator contained two signatures that were signed by the same person and invalidating the part-petition in its entirety. Relator subsequently commenced this mandamus action, arguing that the Board should not have invalidated the entire part-petition containing the forged signature. The Supreme Court denied the writ, holding that the Board properly invalidated the part-petition on which one signatory signed both her name and her husband's name. View "State ex rel. Robinson v. Crawford County Bd. of Elections" on Justia Law

The Supreme Court denied a writ of mandamus and dismissed declaratory judgment and injunctive relief claims sought by Mariah Crenshaw to force the removal of every candidate for the offices of judge and clerk of the Cleveland Municipal Court from the November 2023 ballot, holding that Crenshaw failed to establish that she was entitled to the writ.In this original action, Crenshaw argued that each candidate in question failed to file a nominating petition signed by the requisite number of electors and that one candidate did not meet the residency requirements and sought declaratory judgment and injunctive relief to prevent the board of elections from permitting future candidates for the offices of judge and clerk to appear on the ballot without complying with section 5 of the Cleveland City Charter. The Supreme Court denied relief, holding (1) the signature and residency requirements of section 5 of the city charter do not apply to candidates for the offices of judge or clerk of the Cleveland Municipal Court; and (2) the declaratory judgment and injunctive relief claims are dismissed for lack of jurisdiction. View "State ex rel. Crenshaw v. Cuyahoga County Bd. of Elections" on Justia Law

The Supreme Court denied Petitioner's request seeking writ of mandamus compelling the Medina County Board of Elections to place a local liquor option on the November 7, 2023 general election ballot in this expedited election case, holding that Petitioner's petition was invalid in its entirety under Ohio Rev. Code 4301.333(C)(2).Petitioner sought from the board of elections a petition for the purpose of obtaining a permit that would allow him to serve liquor on Sundays. The board of elections denied the petition, concluding that Petitioner's failure to attach the affidavit required under section 4301.333 meant that his petition was invalid under section 4301.333(C)(2). Petitioner subsequently sought mandamus relief seeking an order compelling the board to place a local liquor option on the ballot or, alternatively, an order compelling the board to provide him with certain information. The Supreme Court denied the writ, holding (1) Petitioner did not advance a compelling reason as to why the local option should be placed on the ballot; and (2) Petitioner was not entitled to mandamus relief based on any failure of the board of elections to follow the procedure set forth in Ohio Rev. Code 4301.33. View "State ex rel. Lambert v. Medina County Bd. of Elections" on Justia Law

The Supreme Court granted a limited writ of mandamus ordering Secretary of State Frank LaRose to reconvene the Ohio Ballot Board and directed the ballot board to adopt ballot language that accurately described a proposed amendment regulating actions of the "State," holding that the term "citizens of the State" in the ballot language was misleading.At issue was a constitutional amendment proposed by initiative petition titled "The Right to Reproductive Freedom with protections for Health and Safety" and the ballot language adopted by the ballot board for the November 7, 2023 election. Relators sought a writ of mandamus. The Supreme Court granted a limited writ ordering the ballot board and LaRose to reconvene and adopt ballot language that accurately conveyed that the proposed amendment limited the ability of the state, as defined by the amendment, to burden, penalize, or prohibit abortion. View "State ex rel. Ohioans for Reproductive Rights v. Ohio Ballot Bd." on Justia Law

The Supreme Court denied this action brought by Jennifer Giroux and Thomas Brinkman (collectively, Giroux) challenging an initiative petition to place a proposed constitutional amendment on the November 7, 2023 ballot, holding that Giroux failed to show that Ohio law required invalidating the petition.At issue was a petition proposing a constitutional amendment entitled "Right to Reproductive Freedom with Protections for Health and Safety." Giroux brought this challenge alleging that the petition did not comply with Ohio Rev. Code 3519.01(A). The Supreme Court denied relief, holding that section 3519.01(A) does not require a petition proposing a constitutional amendment to include the text of the existing statute, and Giroux's challenge failed for this reason. View "Giroux v. Committee Representing Petitioners" on Justia Law

The Supreme Court granted a peremptory writ of mandamus ordering Jennifer Harkey, the finance director of the City of Maumee, to transmit a referendum petition to the Lucas County Board of Elections, holding that it was beyond doubt that Petitioner was entitled to a writ of mandamus.Petitioner was a committee member who was attempting to place a referendum of an ordinance passed in March 2023 relating to requirements for non owner-occupied residential property on the ballot for the November 2023 election. Petitioner brought this action seeking a writ of mandamus ordering Harkey to transmit immediately the referendum petition to the Board. The Supreme Court granted the writ, holding that Harkey had a mandatory, ministerial duty to transmit the referendum petition to the Lucas County Board of Elections. View "State ex rel. LaChapelle v. Harkey" on Justia Law