State ex rel. Kennedy v. Cuyahoga County Board of Elections

Appellant contends that Section 2, Article X of the Fáirview Park charter, which makes' provision for the filing of referendum petitions in that municipality, is in conflict'with R. C. 3501.11 (K), and therefore controlling, because it concerns a matter of local self-government. See Fitzgerald v. Cleveland (1913), 88 Ohio St. 338, and progeny. It is appellant’s position that because Section, 2, Article X requires the clerk of council to determine the sufficiency of a referendum petition, the board of elections is thereafter without power to do so, and acts in a purely ministerial cápácity to…