State ex rel. Higgins v. Brown

Prohibition is an appropriate proceeding to prevent a board of elections from placing a candidate’s name on a ballot where such name may not lawfully be placed thereon. State, ex rel. Newell, Jr., v. Brown, Secy. of State, 162 Ohio St., 147, 122 N. E. (2d), 105. Furthermore, in such a prohibition proceeding, notwithstanding the provisions of Section 3513.05, Revised Code, that the determination of a board of elections as to the validity of a declaration of candidacy “shall be final,” a court may in effect reverse such a decision where the undisputed facts are such as to require a different…