Justia Election Law Opinion Summaries

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

The Supreme Court denied a writ of mandamus sought by Relators ordering Secretary of State Frank LaRose to remove a proposed constitutional amendment (SJR 2) from the August 8, 2023 special election ballot, holding that Ohio Const. art. XVI, 1 authorizes the General Assembly to prescribe a special election on a specific date by joint resolution.SJR 2 proposed to amend the Ohio Constitution to require a vote of at least sixty percent of Ohio electors to approve any constitutional amendment and to modify the procedures for an initiative petition proposing a constitutional amendment. The Secretary issued a directive to all county boards of elections instructing them to prepare to hold a special election on August 8. Thereafter, Relators brought this action opposing the constitutional amendment proposed in SJR 2. The Supreme Court denied the writ, holding that the August 8, 2023 special election called in SJR 2 was authorized by Ohio Const. Art. XVI, 1. View "State ex rel. One Person One Vote v. LaRose" on Justia Law

The Supreme Court granted in part and denied in part a writ of mandamus challenging the decision of the Ohio General Assembly placing a proposed amendment to the Ohio Constitution on the ballot for a special election to be held on August 8, 2023, holding that a writ was warranted in part.In May 2023, the Ohio General Assembly passed a joint resolution to place to placed a proposed amendment to the Ohio Constitution on the ballot for a special election. Relators filed this original action against Secretary of State Frank LaRose and the Ohio Ballot Board arguing that the ballot language and title of the proposed amendment were incomplete and misleading. The Supreme Court granted the writ in part, holding that LaRose's use of the word "any" in reference to "constitutional amendment" in the ballot title was likely to mislead voters, and the ballot board shall reconvene to adopt lawful ballot language that accurately characterizes and explains the definition of "electors" in reference to the petition signature requirements in the proposed amendment. View "State ex rel. One Person One Vote v. Ohio Ballot Bd." on Justia Law

In this action arising from an initiative petition proposing a constitutional amendment entitled "The Right to Reproductive Freedom with Protections for Health and Safety" the Supreme Court held that Relators, registered Ohio voters, were not entitled to a writ of mandamus.The Ohio Ballot Board and its members determined that the initiative petition proposed a single constitutional amendment to the Ohio Constitution that would protect an individual's "right to make and carry out one's own reproductive decisions." Relators commenced this action ordering the Board to issue a determination that the petition contained more than one amendment. The Supreme Court denied the writ, holding that the ballot board did not abuse its discretion or disregard applicable law in determining that petition at issue contained a single constitutional amendment. View "State ex rel. DeBlase v. Ohio Ballot Bd." on Justia Law

The Supreme Court denied the motion filed by the Summit County Republican Party Executive Committee seeking an award of more than $69,000 in attorney fees that it allegedly incurred in this election dispute, holding that the Committee's arguments in support of the award were unavailing.In 2021, the Supreme Court granted a writ of mandamus compelling Secretary of State Frank LaRose to reappoint Bryan C. Williams to the Summit County Board of Elections. The Committee subsequently sought attorney fees, suggesting that the Court's decision granting a writ of mandamus established that LaRose acted in bad faith in rejecting the Committee's recommendation to reappoint Williams. The Supreme Court denied the writ, holding that the Court's prior holding did not, in itself, support the Committee's recommendation to reappoint Williams, and the Committee's remaining arguments were unpersuasive. View "State ex rel. Summit County Republican Party Executive Committee v. LaRose" on Justia Law

The Supreme Court granted a writ of mandamus compelling the Delaware County Board of Elections to place a township-zoning referendum petition on the May 2, 2023 ballot or, alternatively, the November 7, 2023 ballot, holding that Relator was entitled to the writ.In sustaining a protest to the referendum petition at issue, the Board determined that the petition failed to satisfy Ohio Rev. Code 519.12(H) because, among other things, it failed adequately to describe the nature of the requested zoning change. Relator then filed this expedited election action. The Supreme Court granted relief and ordered the Board of Elections to place the referendum on the May 2, 2023 ballot, holding that the Board abused its discretion and disregarded applicable law in deciding that the petition summary was deficient. View "State ex rel. Pinkston v. Delaware County Bd. of Elections" on Justia Law

The Supreme Court denied a writ of mandamus sought by Relator ordering the Washington County Board of Elections to place his name on the May 2, 2023 primary election ballot as a Democratic candidate for mayor of Marietta and a motion to strike the Board's brief as untimely, holding that the Board did not abuse its discretion.On January 17, 2023, Relator filed his nominating petition and declaration of candidacy with the Board. The Board voted not to certify Relator's candidacy for the primary-election ballot after determining that Ohio Rev. Code 3513.06 required Relator to list his former name on his nominating petition because the name change had occurred within the last five years. The Supreme Court denied Relator's ensuing petition seeking a writ of mandamus, holding that the Board did not abuse its discretion or clearly disregard applicable law in declining to certify Relator's name to the ballot. The Court further denied Relator's motion to strike the Board's brief as untimely. View "State ex rel. Gold v. Washington County Bd. of Elections" on Justia Law

The Supreme Court denied a writ of mandamus sought by North Canton City Council ordering Stark County Board of Elections to place two proposed levies on the May 2, 2023 primary-election ballot, holding that the Board properly determined that the proposed levies were ineligible for consideration at the 2023 primary election.Because the Board did not approve the proposed (street and storm-water) levies as amended for placement on the May 2 primary election ballot the Council filed this expedited election action seeking a writ of mandamus compelling the Board to place the resolutions on the May 2 ballot. The Supreme Court denied the writ, holding (1) the proposed levies may not be presented to North Canton voters as "renewal" levies before the November 2024 election; and (2) the Board did not abuse its discretion or act contrary to law in rejecting the placement of the proposed levies on the ballot. View "State ex rel. North Canton City Council v. Stark County Bd. of Elections" on Justia Law