Opinion

State ex rel. Wellington v. Mahoning County Board of Elections

120 Ohio St. 3d 198
897 N.E.2d 641

Court: Ohio Supreme Court
Filed: Oct 24, 2008
Status: Published
Author: Pfeifer
On the bench: Connor, Cupp, Donnell, Lanzinger, Moyer, Ninth, Pfeifer, Slaby, Stratton
Cited by: 7 cases
Authority: More cited than 15.3%

The opinion

Pfeifer, J.,

dissenting.

{¶ 33} I concur in Justice Cupp’s dissenting opinion. David Aey met R.C. 311.01(B)(9)(b)’s postsecondary-education requirement and should be eligible to be a write-in candidate for sheriff. Wellington’s beef is with the institution that awarded postsecondary-education credit to Aey.

{¶34} The majority reads additional requirements into a statute already designed to thwart competition. “Stifled competition does not yield better sheriffs.” State ex rel. Wolfe v. Delaware Cty. Bd. of Elections (2000), 88 Ohio St.3d 182, 187 , 724 N.E.2d 771 (Pfeifer, J., dissenting).

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