Portis v. Summit County Board of Elections

This action was filed under the aegis of R.C. 3515.08 through 3515.16, but it lacks the substantive characteristics of an election contest. “ ‘An election contest, under the statute, is to ascertain and decide which candidate received the highest number of legal votes.’ ” State ex rel. Kirk v. Wheatley (1938), 133 Ohio St. 164, 167, 10 O.O. 236, 238, 12 N.E.2d 491, 493, quoting Heffner v. State ex rel. Johnson (1936), 131 Ohio St. 13, 15, 5 O.O. 254, 255, 1 N.E.2d 146, 147. To prevail, the contestor must prove “(1) that one or more *592election irregularities occurred, and (2) that the…