# State ex rel. Lynch v. Cuyahoga County Board of Elections

> Ohio Supreme Court · November 3, 1997 · 80 Ohio St. 3d 341

URL: https://www.frixlaw.com/law-library/cases/6776521

## Case

- **Full name:** The State ex rel. Lynch v. Cuyahoga County Board of Elections
- **Court:** Ohio Supreme Court
- **Decided:** November 3, 1997
- **Citations:** 80 Ohio St. 3d 341; 686 N.E.2d 498
- **Precedential status:** Published
- **Opinion:** Concurrence by Resnick
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 10 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/6776521

## Opinion text

Alice Robie Resnick, J.,
concurring separately. I agree that the writ of mandamus should be denied. Specifically, I join the first three reasons listed by the majority for denying the writ: (1) that relator’s protest was untimely, (2) that the board lacked authority to sua sponte invalidate Corpus’s candidacy under R.C. 3501.39(A)(3), and (3) that if the September 23 letter was not a protest, then the mandamus claim is barred. Given those procedural deficiencies in relator’s protest, which are sufficient in and of themselves to support denial of the writ, I find it unnecessary to consider the specifics of Westlake’s Charter. Accordingly, I do not join in the majority’s discussion of the fourth reason for denying the writ.
Cook, J., concurs in the foregoing concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6776521. Public record. Not legal advice.