Opinion

State ex rel. Kauffman v. Brown

  • 2 Ohio Law. Abs. 676
Court
Ohio Supreme Court
Filed
Oct 28, 1924
Status
Published
Author
Jones
On the bench
Allen, Conn, Day, Jones, Marshall, Matthias, Robinson
Cited by
0 cases

The opinion

JONES, J.

1. Where more than one county committee, each claiming to be the rightful executive committee of a political party, recommends to the state supervisor of elections, different persons for appointment as deputy state supervisor and inspector of elections, a mandatory duty is imposed upon such state supervisor by Section 4808, General Code (99 OL. 288), to notify the chairman of the state central committee of such party of such diverse recommendation. It likewise becomes the duty of the state supervisor to recognize whichever committee such state central committee certifies to be the rightful committee and to appoint the nominee of such certified- committee as a deputy state supervisor and inspector of elections.

2. The fact that such state central eommit-mittee has acted arbitrarily or upon insufficient evidence does not authorize the employment of mandamud against the secretary of state directing him to appoint a person recommended by a county executive committee which has failed to receive the recognition of such state central committee.

Writ denied.

Marshall, C. J., Robinson, Matthias, Day, Allen and Conn, JJ., concur.

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.