State Ex Rel. Melvin v. Sweeney

By the Court.

The questions before the court are whether the remedy of mandamus is available to the relator and, if so, when and under what circumstances may an elector be given assistance in marking his ballot.

The functions of the respondent, as Secretary of State, relating to the conduct of elections are prescribed by Sections 4785-6 and 4785-7, General Code.

Section 4785-6, General Code, reads as follows:

“The Secretary of State, by virtue of his office, shall be the chief election officer of the state, with such powers and duties relating to the registration of voters and the conduct of…