# State ex rel. Democratic Executive Committee v. Brown

> Ohio Supreme Court · July 17, 1974 · 39 Ohio St. 2d 157

URL: https://www.frixlaw.com/law-library/cases/6755349

## Case

- **Full name:** The State, ex rel. Democratic Executive Committee of Lucas County v. Brown, Secretary of State The State, ex rel. Democratic Executive Committee of Columbiana County v. Brown, Secretary of State
- **Court:** Ohio Supreme Court
- **Decided:** July 17, 1974
- **Citations:** 39 Ohio St. 2d 157; 68 Ohio Op. 2d 100; 314 N.E.2d 376; 1974 Ohio LEXIS 412
- **Precedential status:** Published
- **Opinion:** Dissent by Herbert
- **Judges:** Brown, Celebrezze, Corrigan, Herbert, Neill, Neiül, Stern
- **Cited by:** 15 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/6755349

## Opinion text

Herbert, J.,
dissenting in case No. 74-147. In case No. 74-147, respondent’s objection to the appointment of Mr. Gosney is based upon a “potential” problem, i. e., the “possible” future misuse of his office. I cannot accept the majority’s conclusion that respondent’s discretion in these matters is this broad.
The General Assembly has provided statutory means to control the conduct which respondent fears may happen at some time hence. R. C. 102.03(D), 102.04(B), 102.06, 102.99(B). Furthermore, there is nothing in the record before us which suggests that the confidence of the electors of Columbiana County in the fairness of the elective process, or in their board of elections, has been diminished by reason of Mr. Gosney’s position.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755349. Public record. Not legal advice.