Justia Election Law Opinion Summaries

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

The Supreme Court denied a writ of mandamus compelling Ohio Secretary of State Frank LaRose to allow Relator to appoint election observers to inspect the counting of votes and compelling LaRose to provide election observers with copies of all software, hardware, and source codes installed on any automatic vote-tabulating machine, holding that Relator was not entitled to the writ.Relator, an independent candidate for Ohio Secretary of State on the November 8, 2022 general-election ballot, brought this expedited election case (1) asserting that Ohio Rev. Code 3505.21, which governs the appointment of election observers, violates constitutional equal protection guarantees because it restricts certified independent candidates' ability to appoint election observers; and (2) asking that tabulating-machine software be "open or unlocked" so that observers "may inspect [the machines] to the source code level[.]" The Supreme Court denied the writ, holding that there was no basis for a writ of mandamus to issue. View "State ex rel. Maras v. LaRose" on Justia Law

The Supreme Court denied a writ of mandamus sought by Brandon L. King, mayor of East Cleveland, to compel the Cuyahoga County Board of Elections to remove a recall election against King from the November 8, 2022 ballot, holding that King failed to establish that he was entitled to the writ.Charles Holmes delivered an affidavit to the clerk of the East Cleveland city council seeking to recall King from office. The clerk issued blank recall petitions to Holmes, who returned with part-partitions. The clerk concluded that the petition contained enough valid signatures to qualify for the ballot, and the Board ordered a recall election to appeal on the November 2022 general election ballot. Holmes subsequently brought a complaint for a writ of mandamus. The trial court denied the motion. The Supreme Court denied Darryl Moore's motion for leave to intervene and denied the writ of mandamus, holding (1) Moore was not entitled to intervene; and (2) the Board had no authority under the City of East Cleveland charter to decertify the King recall petition. View "State ex rel. King v. Cuyahoga County Bd. of Elections" on Justia Law

The Supreme Court granted a writ of mandamus ordering Respondent Ohio Secretary of State Frank LaRose to place Relator Tanya Conrath's name on the ballot as the replacement Democratic Party candidate for the state-representative seat in the November 2022 state election, holding that Conrath established that she was entitled to the writ.The Democratic Party candidate for the state-representative seat in the 2022 primary election for state representative of Ohio House District 94 gave notice of his withdrawal from the race after the primary election was held but before the official result of the primary election had been certified. Thereafter, a district committee chose Conrath to be the Democratic party's replacement nominee, and Conrath accepted the nomination. Secretary LaRose, however, concluded that the district committee had lacked authority to select a replacement nominee because Conrath was not a "party candidate." The Supreme Court granted a writ of mandamus, holding that Conrath had a clear legal right to have her name placed on the ballot and that Respondents had a clear legal duty to place Conrath's name on the ballot. View "State ex rel. Conrath v. LaRose" on Justia Law