Legal Opinion

State ex rel. Schmelzer v. Board of Elections

Ohio Supreme Court

Decided October 14, 1982No. 82-1409PublishedCited by 4 opinions

1Per curiam

It is well settled in this state “that election statutes are mandatory and must be strictly complied with.” State, ex rel. Senn, v. Bd. of Elections (1977), 51 Ohio St. 2d 173, 174 [5 O.O.3d 381], citing State, ex rel. Abrams, v. Bachrach (1963), 175 Ohio St. 257, 259 [25 O.O.2d 2], Also, “in the absence of allegations of fraud, corruption, abuse of discretion, or a clear disregard of statutes or applicable legal provisions,” decisions of a board of elections will not be disturbed. Id. at 175. Conversely, “mere technical irregularities” within an election petition will not serve to deny the…

2Cases cited5 opinions

  1. Stern v. Board of ElectionsOhio Supreme Court · 1968
  2. State ex rel. Senn v. Board of ElectionsOhio Supreme Court · 1977
  3. State ex rel. Williams v. BrownOhio Supreme Court · 1977
  4. State Ex Rel. Kroeger v. LeonardOhio Supreme Court · 1949
  5. State ex rel. Reese v. Tuscarawas County Board of ElectionsOhio Supreme Court · 1966

3Cited by4 opinions

  1. Brousseau v. FitzgeraldArizona Supreme Court · 1984
  2. State ex rel. Chevalier v. BrownOhio Supreme Court · 1985
  3. State ex rel. Ferarra v. Trumbull Cty. Bd. of Elections (Slip Opinion)Ohio Supreme Court · 2021
  4. Berry Network v. Magellan Health Ser., Unpublished Decision (6-28-2002)Ohio Court of Appeals · 2002

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