Opinion

State ex rel. Foreman v. Brown

  • 10 Ohio St. 2d 139
  • 39 Ohio Op. 2d 149
  • 226 N.E.2d 116
  • 1967 Ohio LEXIS 596
Court
Ohio Supreme Court
Filed
Apr 19, 1967
Status
Published
Author
Schneider
On the bench
Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
Cited by
25 cases
Authority
More cited than 15.0%

The opinion

Schneider, J.,

concurring. Were it not for the fact that no election would be held on May 2, 1967, in the great majority of the polling precincts of the state but for the submission of the two proposed constitutional amendments, I would have preferred to hold it at this late date (Amended Substitute House Joint Resolution 22 [submitting Issue No. 1] was finally passed by the House of Representatives on March 1, 1967. This action was not filed until April 5,1967, and not then until after numerous similar actions, which had been filed in various Courts of Common Pleas throughout the state commencing as early as March 18, 1967, were stayed by a writ of prohibition [State, ex rel. Saxbe, Atty. Genl., v. Petree et al., Judges, April 4, 1967] issuing from this Court) as to all of the issues raised herein that the case of State, ex rel. Shriver, County Engr., v. Hayes, 148 Ohio St. 681 , is controlling, and, as stated in the second paragraph of the syllabus thereof, “ [a]n election contest is the specific remedy provided by statute for the correction of all *153 errors, frauds and mistakes which may occur in an election.” That rule was reaffirmed by sis of the then members of this court in State, ex rel. Commissioners of Sinking Fund, v. Brown, Secy. of State, 167 Ohio St. 71 .

However, I concur with the Chief Justice in denying the writ for the reasons stated by him as to the propriety of the election and of the form of the proposed amendment to Article VIII as containing one amendment.

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.

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