Justia Election Law Opinion Summaries

Articles Posted in Supreme Court of Ohio
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The Supreme Court denied the writ of mandamus sought by Brian Ames, a candidate for the Republican Party State Central Committee for Senate District 28 in the August 2022 primary election, holding that Ames was not entitled to the writ.Ames brought this expedited election matter asking for a writ of mandamus requiring Secretary of State Frank LaRose to direct three count boards of elections to "challenge" electors who requested a ballot for a party other than the other for which the elector voted in the May 2022 primary election. Ames further requested that ballots cast in the August primary be "segregated according to the party for which the elector voted in May" and that ballots cast for a different party not be counted. The Supreme Court denied the writ, holding (1) the writ was moot as to Secretary LaRose; and (2) as to the boards of elections, the writ is denied because Ames was not entitled to the relief he sought. View "State ex rel. Ames v. LaRose" on Justia Law

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The Supreme Court ordered the General Assembly to pass a new congressional-district plan that complied with the Ohio Constitution, holding that the plan adopted by the Ohio Redistricting Commission on March 2, 2022 unduly favored the Republican Party and disfavored the Democratic Party in violation of Ohio Const. art. XIX, 1(C)(3)(a).On January 14, 2022, the Supreme Court held that the congressional-district plan passed by the General Assembly was invalid in its entirety and directed the General Assembly to adopt a new plan that complied with Article XIX. After the redistricting commission adopted the March 2 plan, Petitioners filed original actions challenging the plan. The Supreme Court granted the petition, holding that the March 2 plan did not comply with Article XIX, section 1(C)(3)(a) of the Ohio Constitution and was therefore invalid. View "Santomauro v. McLaughlin" on Justia Law

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The Supreme Court denied the claims brought by Erik Jones in this expedited election case, holding that Jones was not entitled to a writ of mandamus based on the doctrine of laches.Jones filed a declaration of candidacy and petition to appear on the August 2, 2022 primary ballot as a candidate for the Republican Party State Central Committee, but the Lorain County Board of Elections did not certify his name to the ballot based on the instructions in Ohio Secretary of State Frank LaRose's Directive 2022-34 to reject declarations and petitions filed after February 2, 2022 by state-central-committee-member candidates. Jones subsequently sought a writ of mandamus compelling LaRose to instruct the county boards of elections to accept declarations of candidacy filed before May 4, 2022. The Supreme Court denied the claims, holding that Jones's unreasonable delay in bringing this lawsuit resulted in prejudice to the Board in its administration of the election. View "State ex rel. Jones v. LaRose" on Justia Law

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The Supreme Court granted a writ of mandamus requested by six relators (the original relators) in this expedited election case and ordered the county boards of elections to accept the declarations and petitions and to certify the candidates to the ballot if they satisfy the other requirements for ballot access, holding that the original relators were entitled to the writ.The original relators filed declarations of candidacy in May 2022 to appear on the August 2, 2022 ballot as a candidate for a partisan nomination, as a candidate for a political-party central committee, or as a write-in candidate. Two intervening relators filed declarations of candidacy and petitions in June 20222 to run for partisan nominations. Secretary of State Frank Rose instructed the county boards of elections to reject candidate declarations filed after February. The Supreme Court granted a writ of mandamus requested by the original relators seeking to compel LaRose to instruct the boards to accept their declarations of candidacy and denied the intervening relators' request for a writ of mandamus, holding that the original relators were entitled to mandamus relief. View "State ex rel. DeMora v. LaRose" on Justia Law

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The Supreme Court held that the General Assembly-district plan adopted by the Ohio Redistricting Commission on May 5, 2022 was invalid in its entirety and ordered the commission to draft and adopt an entirely new General Assembly-district plan that meets the requirements of the Ohio Constitution, including Article XI, Sections 6(A) and 6(B).On May 5, the Commission readopted the plan at issue, purportedly only for use in the 2022 election. The Supreme Court had earlier held the plan to be unconstitutional. Petitioners filed objections to the adoption of the plan. The Supreme Court sustained the objections, holding that the plan at issue was invalid in its entirety. View "League of Women Voters of Ohio v. Ohio Redistricting Commission" on Justia Law

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For the fourth time this issue was before the Supreme Court, the Court held that the third-revised General Assembly-district plan adopted by the Ohio Redistricting Commission violates the standards of Ohio Const. art. XI, 6(A) and 6(B) and that a new plan must be adopted in conformity with the Ohio Constitution.Between September 2021 and February 2022 the Commission adopted three General Assembly-district plans, each of which the Supreme Court invalidated because they did not comply with Article XI, Sections 6(A) and 6(B). The Commission subsequently adopted its fourth plan - the third-revised plan. The Supreme Court ordered the Commission to be reconstituted and to adopt a new plan in conformity with the Ohio Constitution, holding that the third-revised plan violates Article XI, Sections 6(A) and 6(B). View "League of Women Voters of Ohio v. Ohio Redistricting Committee" on Justia Law

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The Supreme Court denied a writ of mandamus sought by Ray Brubaker to compel the Lawrence County Board of Elections to place a local liquor option on the primary-election ballot, holding that Brubaker failed to establish that he was entitled to the writ.Brubaker filed with the Board paperwork requesting a liquor option on the May 3, 2022 primary election ballot for the Hanging Rock precinct allowing Sunday liquor sales. The Board rejected the liquor-option petition because Brubaker did not submit a Form No. 5-N. Brubaker subsequently filed a complaint for a writ of mandamus against the Board. The Supreme Court denied the writ, holding that the Board did not abuse its discretion or act contrary to law. View "State ex rel. Brubaker v. Lawrence County Board of Elections" on Justia Law

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The Supreme Court denied a writ of mandamus sought by Terpsehore Maras, who circulated petitions to appear on the May 2022 Republican Party primary ballot as a candidate for secretary of state, holding that Maras was not entitled to mandamus relief.When the secretary of state's office forwarded Maras's part-petitions to various county boards of elections for signature verification most of the boards did not receive an accompanying declaration of candidacy. Many of the county boards, therefore, invalidated the entire part-petitions due to the absence of a declaration. Because the county boards did not validate sufficient petition signatures for Maras to qualify as a candidate on the ballot the secretary of state's office refused to certify her name as a candidate. The Supreme Court denied a writ sought by Maras to compel the Secretary of State to send her declaration of candidacy to the county boards for a new signature verification to be conducted, holding that Maras failed to prove by clear and convincing evidence that her part-petitions met the requirements of Ohio Rev. Code 3513.09. View "State ex rel. Maras v. LaRose" on Justia Law

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The Supreme Court held that the second revised General Assembly-district plan adopted by respondent Ohio Redistricting Commission violates Ohio Const. art. XI, sections 6(A) and 6(B) and ordered the Commission to be reconstituted.In the first time this issue was before the Supreme Court, the Court held that the Commission's original plan was invalid because the Commission had not attempted to meet the standards set forth in Article XI, Sections 6(A) and 6(B). The Commission subsequently adopted a revised plan, but the Supreme Court invalidated that plan because the Commission again had not satisfied sections 6(A) and 6(B). At issue now before the Supreme Court was the Commission's second revised plan. The Commission invalidated the plan in its entirety, holding that the second revised plan violates sections 6(A) and 6(B) and the a newly reconstituted Commission must adopt a new plan in conformity with the Ohio Constitution. View "League of Women Voters of Ohio v. Ohio Redistricting Commission" on Justia Law

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The Supreme Court held that Petitioners showed beyond a reasonable doubt that the General Assembly-district plan adopted by the Ohio Redistricting Commission on January 22, 2022 violated Ohio Const. Art. XI, 6(A) and (B) and ordered the Commission to adopt a new plan.On January 12, 2022, the Supreme Court held that the General Assembly-district plan adopted by the Commission in September 2021 was invalid and that the Commission had not drawn a district plan that met neither of the standards set forth in sections 6(A) and 6(B) and ordered the Commission to adopt a new plan. On January 22, the Commission adopted a new plan. The Supreme Court again ordered the Commission to be reconstituted and to adopt yet a newer plan, holding that the new plan violated sections 6(A) and 6(B). View "League of Women Voters of Ohio v. Ohio Redistricting Comm." on Justia Law