Opinion

State ex rel. Hawkins v. Cuyahoga County Board of Elections

28 Ohio St. 2d 4
57 Ohio Op. 2d 63
274 N.E.2d 563
1971 Ohio LEXIS 425

Court: Ohio Supreme Court
Filed: Oct 6, 1971
Status: Published
Author: Schneider
On the bench: Corrigan, Duncan, Herbert, Leach, Neill, Schneider, Stern
Cited by: 6 cases

Superseded by statute, as recognized in State ex rel. Rust v. Lucas County Board of Elections

Later courts went against this

Superseded by statute, as recognized in State ex rel. Rust v. Lucas County Board of Elections
28 Ohio St.2d 4, 6 , 274 N.E.2d 563 (1971), superseded by statute on other grounds, State ex rel. Rust v. Lucas Cty. Bd. of Elections, 101 Ohio St.3d 63
Ohio Supreme CourtJan 14, 2004by statuteother groundsmedium confidenceRead it

The opinion

Schneider, J.,

dissenting. Ferguson ( 173 Ohio St. 317 ) involved clearly defective declarations of candidacy and petitions. Even so, the per curiam language of Ferguson , as quoted in the majority opinion in this case, does not require the result reached here. No statute and no judicial language presented to us forbids the use of identical copies of an original declaration or requires the original to be filed.

Duncan and Stern, JJ., concur in the foregoing dissenting opinion.

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