Smith v. Scioto County Board of Elections

{¶ 1} This is an appeal from a judgment granting a contest and setting aside the result of a February 3, 2009 special election on a proposed amendment to the charter of the city of Portsmouth, Ohio. Because the challenge to the proposed amendment raised in the election contest was not instituted with the requisite diligence and should have been raised before the election, laches barred the contest. Therefore, we reverse the judgment of the common pleas court.

Facts

Petition to Amend City Charter

{¶ 2} In August 2008, appellant, Larry C. Essman, and the rest of a committee of petitioners filed a…