# Stern v. Board of Elections

> Ohio Supreme Court · April 30, 1968 · 14 Ohio St. 2d 175

URL: https://www.frixlaw.com/law-library/cases/6754005

## Case

- **Full name:** Stern v. Board of Elections of Cuyahoga County, Ohio, (Two cases.)
- **Court:** Ohio Supreme Court
- **Decided:** April 30, 1968
- **Citations:** 14 Ohio St. 2d 175; 43 Ohio Op. 2d 286; 237 N.E.2d 313; 1968 Ohio LEXIS 438
- **Precedential status:** Published
- **Opinion:** Dissent by Zimmerman
- **Judges:** Brown, Herbbet, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
- **Cited by:** 69 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6754005

## How later opinions describe it (automated extraction)

- finding that a candidate’s declaration of candidacy and nominating petition substantially complies with statutory requirements, where the notary public who administered the oath to the circulator of one part-petition inadvertently omitted to subscribe his handwritten signature…
- affirming validity of affidavit in spite of "a technical defect in the prima facie proof of compliance with the statute with regard to the jurat of the notary public"

## Opinion text

ZimmermaN, J.,
dissenting. Both the majority and concurring opinions herein labor mightily and at length to validate the challenged nominating part-petition. It is obvious that such petition does not comply with the statutory requirements, and I can see no real distinction between the instant case and that of State, ex rel. Andrews, v. Board of Elections of Medina County, 175 Ohio St. 249 , 193 N. E. 2d 390 . The validation of the challenged part-petition puts the stamp of approval on carelessness. A prospective candidate should examine his nominating petition or petitions before they are filed, and he has the responsibility to see that they substantially comply with statutory mandates, as to form. I do not mean to criticize boards of elections, nor do I suggest that a prospective candidate must personally check the authenticity of the signatures appearing on his petitions, as Judge Herbert implies in his concurring opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6754005. Public record. Not legal advice.