Opinion

State Ex Rel. Davis v. Summit County Board of Elections

  • 137 Ohio St. 3d 222
  • 998 N.E.2d 1093
  • 2013 Ohio 4616
Court
Ohio Supreme Court
Filed
Oct 18, 2013
Status
Published
Author
Lanzinger
On the bench
O'Connor, Pfeifer, Kennedy, O'Neill, O'Donnell, Lanzinger, French
Cited by
19 cases
Authority
More cited than 11.5%

ordering candidate added to ballot 17 days after absentee voting began and two weeks before election day

How later courts described this case

  • ordering candidate added to ballot 17 days after absentee voting began and two weeks before election day
  • rejecting claim that general election ballot could not be changed to include wrongfully-omitted candidate simply because absentee voting had already begun 17 days before court issued opinion
  • following Morrison v. Colley, 467 F.3d 503, 509 (6th Cir.2006)

Written by the judges who cited it.

The opinion

Lanzinger, J.,

dissenting.

{¶ 43} The county boards of elections are given little guidance when asked to determine whether an independent candidate has made a good-faith declaration of disaffiliation. In order to vacate the decision of a board of elections and grant a writ of mandamus, a relator must establish that the board’s decision resulted *230 from fraud, corruption, abuse of discretion, or clear disregard of applicable law. Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216 , 2002-Ohio-5923 , 778 N.E.2d 32, ¶ 11 . The term “abuse of discretion” in this context connotes an unreasonable, arbitrary, or unconscionable decision. State ex rel. Stine v. Brown Cty. Bd. of Elections, 101 Ohio St.3d 252 , 2004-Ohio-771 , 804 N.E.2d 415, ¶12 , citing State ex rel. Stevens v. Geauga Cty. Bd. of Elections, 90 Ohio St.3d 223, 226 , 736 N.E.2d 882 (2000). Because I believe that the Summit County Board of Elections did not act unreasonably under the circumstances, I would deny the writ.

Law Offices of Warner Mendenhall and Warner Mendenhall; and Alyssa M. Allen, for relator.

Sheri Bevan Walsh, Summit County Prosecuting Attorney, and John F. Galonski, Assistant Prosecuting Attorney, for respondent.

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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