Opinion

State ex rel. Williams v. Sulligan

20 Ohio St. 2d 8
49 Ohio Op. 2d 54
251 N.E.2d 606
1969 Ohio LEXIS 291

Court: Ohio Supreme Court
Filed: Oct 8, 1969
Status: Published
On the bench: Corrigan, Duncan, Herbert, Matthias, Neill, Schneider, Taet
Cited by: 0 cases

The opinion

Per Curiam.

This is an action in mandamus to compel the respondent board of elections to place relator’s name on the November 4, 1969, ballot as a candidate for the Youngstown board of education. A demurrer has been filed to the petition.

The petition shows on its face that on some of the part-petitions filed by relator the circulators’ affidavits were notarized by the candidate. This rendered those part-petitions invalid. State, ex rel. Reed, v. Malrick, 165 Ohio St. 483 ; State, ex rel. Allen, v. Board of Elections, 370 Ohio St. 19 . With these part-petitions invalidated relator lacked the required number of signatures and the board has no duty to place his name on the ballot.

The demurrer to the petition is sustained and a writ of mandamus is denied.

Writ denied.

Taet, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.

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