State Ex Rel. Burgstaller v. Franklin County Board of Elections

By The Court.

It is alleged, as grounds for the issuance of the writ, that the refusal of the board to place relator’s name on the primary ballot constituted a failure to perform an official duty; that the action of the board was “arbitrary, illegal and an abuse of discretion, and without authority of law; and * * * relator has no adequate remedy at law.” The relator does not allege fraud or corruption on the part .of the board.

Where a candidate files more than one petition form at the same time and the petition forms in the aggregate contain more than five names, has the candidate complied…