Opinion

State ex rel. Keith v. Lawrence Cty. Bd. of Elections (Slip Opinion)

  • 2019 Ohio 4766
Court
Ohio Supreme Court
Filed
Nov 20, 2019
Status
Published
On the bench
Per Curiam
Cited by
5 cases
Authority
More cited than 52.9%

The opinion

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State

ex rel. Keith v. Lawrence Cty. Bd. of Elections, Slip Opinion No. 2019-Ohio-4766.]

NOTICE

This slip opinion is subject to formal revision before it is published in an

advance sheet of the Ohio Official Reports. Readers are requested to

promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65

South Front Street, Columbus, Ohio 43215, of any typographical or other

formal errors in the opinion, in order that corrections may be made before

the opinion is published.

SLIP OPINION NO. 2019-OHIO-4766

THE STATE EX REL. KEITH v. LAWRENCE COUNTY BOARD OF ELECTIONS ET

AL.

[Until this opinion appears in the Ohio Official Reports advance sheets, it

may be cited as State ex rel. Keith v. Lawrence Cty. Bd. of Elections, Slip

Opinion No. 2019-Ohio-4766.]

Elections—Writ of prohibition sought to require board of elections to remove

candidate’s name from ballot and to not count votes candidate received for

mayor in 2019 general election—Board of elections took no action on

protest filed against candidate because it was untimely—Board of elections

did not conduct a hearing and did not exercise quasi-judicial power—Cause

dismissed.

(No. 2019-1470—Submitted November 15, 2019—Decided November 20, 2019.)

IN PROHIBITION.

__________________

SUPREME COURT OF OHIO

Per Curiam.

{¶ 1} This is an expedited election action in which relator, Katrina D. Keith,

seeks a writ of prohibition requiring respondents, the Lawrence County Board of

Elections and its members (collectively, “the board”),1 to remove Samuel T. Cramblit

II’s name from the ballot and prohibiting them from counting the votes he received

as a candidate for the office of Ironton mayor in the November 5, 2019 general

election. Keith is Ironton’s current mayor and Cramblit’s opponent in the election.

She alleges that the board should not have certified Cramblit’s name to the ballot

because he does not meet the residency qualification for the office under the city’s

charter. Because the board did not exercise quasi-judicial power regarding

Cramblit’s candidacy, Keith has failed to state a claim in prohibition. We therefore

dismiss her claim.

Background

{¶ 2} On August 7, 2019, Cramblit filed a petition with the board to be a

nonpartisan mayoral candidate in the November 2019 general election. The board

certified Cramblit as a candidate on August 15.

{¶ 3} On October 1, Keith notified the board that she was challenging

Cramblit’s candidacy. She argued that Cramblit is not qualified for the office because

Ironton City Charter 3.01 requires the mayor to have been “an elector and resident of

the City of Ironton, Ohio, for at least five years preceding the election.” She

submitted documents with her protest purporting to show that Cramblit voted in

Athens County on November 4, 2014 (five years and a day before the November

2019 election) and that he registered to vote in Lawrence County on February 16,

2016 (about three years and nine months before the November 2019 election). On

October 22, the board determined that Keith’s protest was untimely and took no

action on it.

1. The board members are Craig A. Allen, Randall L. Lambert, J.T. Holt, and Carl E. Bowen.

2

January Term, 2019

{¶ 4} On October 28, Keith filed this original action seeking a writ of

prohibition to compel the board to remove Cramblit’s name from the ballot and to

prevent the board from counting any votes he received at the November 2019

election.

Analysis

{¶ 5} To be entitled to a writ of prohibition, Keith must prove that the board

exercised quasi-judicial power without authority to do so and that she lacks an adequate

remedy in the ordinary course of the law. State ex rel. Save Your Courthouse Commt.

v. Medina, ___ Ohio St.3d ___, 2019-Ohio-3737, ___ N.E.3d ___, ¶ 23. Thus, “the

first and fundamental element” of her claim requires her to show that the board

exercised quasi-judicial power in placing (or in keeping) Cramblit’s name on the

ballot. Id. at ¶ 26.

{¶ 6} “Quasi-judicial authority is the power to hear and determine

controversies between the public and individuals that require a hearing resembling

a judicial trial.” State ex rel. Wright v. Ohio Bur. of Motor Vehicles, 87 Ohio St.3d

184, 186, 718 N.E.2d 908 (1999). A board of elections exercises quasi-judicial

power when it “conducts a protest hearing pursuant to statute.” Save Your

Courthouse at ¶ 29. The board did not conduct a protest hearing in this case; the

board took no action on Keith’s protest after determining that it was untimely.

{¶ 7} Keith nevertheless argues that the board’s inaction itself constituted an

exercise of quasi-judicial power, because it allowed Cramblit’s name to remain on

the ballot. Although Keith cites State ex rel. Harbarger v. Cuyahoga Cty. Bd. of

Elections, 75 Ohio St.3d 44, 661 N.E.2d 699 (1996), in support of this argument, that

case confirms that the board lacked authority to conduct a hearing in this case. In

Harbarger, a board of elections scheduled a protest hearing even though the protest

had been filed after the applicable statutory deadline and after the deadline for an

elections board to invalidate a petition sua sponte. Id. at 44, 46. This court issued a

3

SUPREME COURT OF OHIO

writ of prohibition to prevent the elections board from conducting a hearing that was

not authorized by statute. Id. at 46-47.

{¶ 8} The board’s decision to take no action in this case was consistent with

Harbarger. Here, the deadline to file a protest against Cramblit’s nominating petition

was August 23. See R.C. 3513.263 (a written protest may be filed no later than 74

days before the election). And the board lacked authority to invalidate Cramblit’s

petition after September 6. See R.C. 3501.39(B) (a board of election shall not

invalidate a nominating petition after the 60th day before the election). Keith filed

her protest on October 1. The board thus had no legal authority to conduct a hearing

and correctly declined to act on the protest.

{¶ 9} “When a public entity takes official action but does not conduct

proceedings akin to a judicial trial, prohibition will not issue.” Save Your

Courthouse, ___ Ohio St.3d ___, 2019-Ohio-3737, ___ N.E.3d ___, at ¶ 27.

Because the board did not conduct a hearing resembling a judicial trial, it did not

exercise quasi-judicial power and Keith has not stated a valid claim in prohibition.

We therefore dismiss Keith’s complaint.

Cause dismissed.

O’CONNOR, C.J., and FRENCH, FISCHER, DONNELLY, and STEWART, JJ.,

concur.

KENNEDY and DEWINE, JJ., concur in judgment only.

_________________

George L. Davis III Co., L.L.C., and George L. Davis IV, for relator.

Shane A. Tieman, Scioto County Prosecuting Attorney, and Danielle M.

Parker and Margaret Apel-Miller, Assistant Prosecuting Attorneys, as special

prosecuting attorneys, for respondents.

_________________

4

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.