# State ex rel. Toncray v. Summit County Board of Elections

> Ohio Supreme Court · October 29, 1981 · 68 Ohio St. 2d 38

URL: https://www.frixlaw.com/law-library/cases/6757381

## Case

- **Full name:** The State, ex rel. Toncray v. Summit County Board of Elections
- **Court:** Ohio Supreme Court
- **Decided:** October 29, 1981
- **Citations:** 68 Ohio St. 2d 38; 22 Ohio Op. 3d 179; 428 N.E.2d 401; 1981 Ohio LEXIS 613
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
- **Cited by:** 1 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/6757381

## Opinion text

Per Curiam.
Relator’s complaint does not seek relief which may be granted in an action in prohibition. Prohibition lies to prevent the usurpation of judicial or quasi-judicial power. See State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St. 2d 11 . The action of a board of elections in placing issues on the ballot is not an exercise of quasi-judicial power. State, ex rel. Williams, v. Brown (1977), 52 Ohio St. 2d 13, 16 ; State, ex rel. O’Grady, v. Brown (1976), 48 Ohio St. 2d 17, 20 .
*39 Accordingly, the writ is denied.
Writ denied.
Celebrezze, C. J., W. Brown, Sweeney, Locher, Holmes, C. Brown and Krupansky, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757381. Public record. Not legal advice.