Opinion

State ex rel. Crowl v. Delaware Cty. Bd. of Elections (Slip Opinion)

  • 144 Ohio St. 3d 346
  • 43 N.E.3d 406
  • 2015 Ohio 4097
Court
Ohio Supreme Court
Filed
Oct 2, 2015
Status
Published
Author
Lanzinger
On the bench
Per Curiam Pfeifer, O'Donnell, Kennedy, O'Neill, O'Connor, French, Lanzinger
Cited by
1 cases
Authority
More cited than 11.9%

The opinion

Lanzinger, J.,

dissenting.

{¶ 17} Because respondent, the Delaware County Board of Elections, could not have abused its discretion when it was merely following a statutory mandate, I respectfully dissent. I would deny the writ, and I would overrule State ex rel. Scott v. Franklin Cty. Bd. of Elections, 139 Ohio St.3d 171 , 2014-Ohio-1685 , 10 N.E.3d 697 , on which relator, Douglas Crowl, relies.

{¶ 18} Ohio’s election laws require strict compliance. State ex rel. Commt. for the Referendum of Lorain Ordinance No. 77-01, 96 Ohio St.3d 308 , 2002-Ohio-4194 , 774 N.E.2d 239 , ¶ 49. An elector is required to sign a petition using his or her “legal mark,” which is defined as “the mark of that elector as it appears on the elector’s voter registration record.” R.C. 3501.011(A) and (C). A board of elections’ duty is to verify the authenticity of an elector’s legal mark on a petition by ensuring that it matches the legal mark on the elector’s voter-registration card. R.C. 3501.11(K); State ex rel. Yiamouyiannis v. Taft, 65 Ohio St.3d 205, 209 , 602 N.E.2d 644 (1992). The statute does not require the board to hold an evidentiary hearing, nor does it provide any discretion to accept a signature that *349 does not match an elector’s legal mark as defined by R.C. 3501.011(A). To the extent that Scott holds otherwise, the decision should be overruled.

Douglas P. Crowl, pro se.

Carol Hamilton O’Brien, Delaware County Prosecuting Attorney, and Christopher D. Betts and Andrew J. King, Assistant Prosecuting Attorneys, for respondent.

{¶ 19} The Delaware County Board of Elections did not abuse its discretion in complying with R.C. 3501.011 and 3501.11 when it rejected petition signatures that did not match the voters’ legal marks. See State ex rel. Greene v. Montgomery Cty. Bd. of Elections, 121 Ohio St.3d 631 , 2009-Ohio-1716 , 907 N.E.2d 300, ¶ 20, 23 . I respectfully dissent and would deny the writ.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.