Opinion

State ex rel. Purdy v. Clermont County Board of Elections

  • 77 Ohio St. 3d 338
  • 673 N.E.2d 1351
  • 1997 Ohio 278
  • 1996 Ohio LEXIS 2340
Court
Ohio Supreme Court
Filed
Oct 8, 1996
Status
Published
Author
Cook
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
79 cases
Authority
More cited than 15.2%

stating that "not every statutory restriction limiting the field of candidates need advance a compelling state interest"

How later courts described this case

  • stating that "not every statutory restriction limiting the field of candidates need advance a compelling state interest"
  • listing various public interests without citing any public studies or surveys

Written by the judges who cited it.

The opinion

Cook, J.,

dissenting. I respectfully dissent. Reasonable, nondiscriminatory restrictions upon voting rights are generally upheld where the state’s important regulatory interests justify the restrictions. Burdick v. Takushi (1992), 504 U.S. 428, 434 , 112 S.Ct. 2059, 2063-2064 , 119 L.Ed.2d 245, 254 . Relators presented a prima facie case that R.C. 3513.04 was unconstitutional as applied to them by arguing that the significant interests recognized by the United States Supreme Court did not justify the application of R.C. 3513.04 to persons seeking nonpartisan offices. Thereafter, the burden rested with the state to demonstrate that either the recognized significant interests or some other interest justified the application of R.C. 3513.04 to relators. In my opinion, the state failed to meet its burden.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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