Blankenship v. Blackwell

{¶ 46} I have long been against the application of laches as a first resort in election cases. State ex rel. Ascani v. Stark Cty. Bd. of Elections (1998), 83 Ohio St.3d 490, 495, 700 N.E.2d 1234 (Pfeifer, J., concurring). The rights to vote and to petition a government are the most basic and cherished of our fundamental rights, and we should endeavor to resolve election issues substantively whenever possible.

{¶ 47} Laches is especially not applicable here because relators did not sit on their rights. Nader’s supporters learned on September 8 that they had successfully submitted a sufficient…