delay of two months in filing claim that was anticipated allowed statutory deadline for ballot preparation to pass
How later courts described this case
- delay of two months in filing claim that was anticipated allowed statutory deadline for ballot preparation to pass
- "The most accurate test for deciding if two cases are based on the same cause of action is whether different proof is required to sustain them."
Written by the judges who cited it.
The opinion
Douglas, J.,
concurring in judgment only. I concur with the judgment of the majority but for a reason different from that set forth in the majority opinion. This cause should be dismissed — or at the very least the writs denied — on the basis that the decision of the Secretary of State, in breaking a tie vote of a local elections board, is final. R.C. 3501.11. In this regard, I continue to adhere to my position set forth in State ex rel. White v. Franklin Cty. Bd. of Elections (1992), 65 Ohio St.3d 5, 10 , 598 N.E.2d 1152, 1156 (“White I”) (Douglas, J., dissenting).