Justia Election Law Opinion Summaries

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

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

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

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

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

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

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

The Supreme Court declared the congressional-district plan passed by the General Assembly invalid, holding that the General Assembly did not comply with Ohio Const. art. XIX, 1(C)(3)(a) and (b) in passing the plan and that a new congressional-district plan must be passed the complies in full with Article XIX and is not dictated by partisan considerations.At issue was 2021 Sub.S.B. No. 258, which was passed by a simple majority and signed into law by Governor Mike DeWine on November 20, 2021. The bill resulted in districts in which undue political bias was at least, if not more, likely to favor Republican candidates than the 2011 reapportionment that impelled Ohio's constitutional reforms. Petitioners argued that the congressional-district plan violated Article XIX, Section 1(C)(3)(a). The Supreme Court held that the congressional-district plan was invalid in its entirety because it unduly favored the Republican Party and disfavored the Democratic Party and because it unduly split three counties, in violation of Article XIX, Section 1(C)(3)(b). View "Adams v. DeWine" on Justia Law

The Supreme Court denied a writ of prohibition sought by Relators in this expedited election case to bar the Clark County Board of Elections from placing a referendum on the November 2021 election ballot, holding that Relators were not entitled to the writ.Hillside Creek Farms filed an application to rezone its forty-two-acre parcel of real property from agricultural and rural residential to a Planned District-Residential classification. After the Clark County Board of County Commissioners approved the amended rezoning application a petition was filed requesting a ballot referendum on the Hillside rezoning resolution. Relators, including Hillside, filed a protest against the zoning-referendum petition. The denied the protest and placed the referendum on the November ballot. The Supreme Court denied Relators' requested writ of prohibition, holding that the board of elections' decision to approve the zoning referendum for placement on the ballot was authorized by law. View "Hillside Creek Farms v. Clark County Board of Elections" on Justia Law

The Supreme Court granted in part and denied in part a writ of mandamus sought by Relators, four City of Cincinnati electors, to compel changes to ballot language for a proposed amendment to the Cincinnati City Charter, holding that Relators showed that they were entitled to the writ in part.At issue was an initiative petition proposing amendments to the Cincinnati City Charter. The Hamilton County Board of Elections certified ballot language to which Relators objected. Relators filed this original action against the Board and its members alleging that the certified ballot language misrepresented the proposed amendment and omitted material information. The Supreme Court granted the writ in part and denied it in all other respects, holding that Relators showed that the Board abused its discretion in preparing and certifying only certain ballot language for the proposed amendment. View "State ex rel. Rhoads v. Hamilton County Board of Elections" on Justia Law