Legal Opinion

In re Protest Filed with the Franklin County Board of Elections

Ohio Supreme Court

Decided February 28, 1990No. 88-1404PublishedCited by 43 opinions

1Opinion of the CourtMoyer, C.J.

The sole issue presented in this case is whether a board of elections may disqualify a signature on an initiative petition circulated pursuant to R.C. Chapter 3519 where the residence indicated by a signer is not the same as the residence on record with the board of elections for said signer.

We first must determine whether the court of appeals correctly concluded that this election case is not moot. Appellee, Citizens, does not contest this conclusion.

As a general rule, election cases are moot where the relief sought is to have a name or an issue placed on the ballot and the election was held…

2Cases cited7 opinions

  1. Storer v. BrownSupreme Court of the United States · 1974
  2. Rosario v. RockefellerSupreme Court of the United States · 1973
  3. Yenter v. BakerSupreme Court of Colorado · 1952
  4. Smeltzer v. StateIndiana Supreme Court · 1962
  5. Foster v. Cuyahoga County Board of ElectionsOhio Court of Appeals · 1977

2 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. State v. WilliamsOhio Supreme Court · 2000
  2. State v. BistrickyOhio Supreme Court · 1990
  3. Sandusky County Democratic Party v. BlackwellCourt of Appeals for the Sixth Circuit · 2004
  4. State ex rel. Ryant Committee v. Lorain County Board of ElectionsOhio Supreme Court · 1999
  5. State ex rel. Colvin v. BrunnerOhio Supreme Court · 2008

38 more not listed; retrieve them via the Exa API.

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