Legal Opinion

State Ex Rel. Lemert v. Board of Elections

Ohio Supreme Court

Decided March 10, 1948No. 31385PublishedCited by 8 opinions

1Opinion of the Court

By the Court.

The petition of relator alleges that the “action of the board of elections, was arbitrary, illegal, and an abuse of discretion in that the rejection was for a mere technical defect.” Neither fraud nor corruption is alleged.

Paragraph k of Section 4785-13, General Code, authorizes a board of elections “to review, examine and certify the sufficiency and validity of petitions and nomination papers.” The tenth paragraph of Section 4785-70, General Code, provides for filing protests against the candidacy of any person filing a declaration of candidacy and for notice of the filing and…

2Cases cited3 opinions

  1. Sullivan v. State Ex Rel. O'ConnorOhio Supreme Court · 1932
  2. Koehler v. Board of ElectionsOhio Supreme Court · 1932
  3. State Ex Rel. Raines v. TobinOhio Supreme Court · 1941

3Cited by8 opinions

  1. State Ex Rel. Kroeger v. LeonardOhio Supreme Court · 1949
  2. State ex rel. Wolson v. KellyOhio Supreme Court · 1966
  3. State Ex Rel. Braverman v. VitulloOhio Supreme Court · 1948
  4. State Ex Rel. Wiethe v. Board of ElectionsOhio Court of Appeals · 1954
  5. Grossglaus v. Board of ElectionsOhio Court of Appeals · 1949

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