State ex rel. Citizens for a Better Beachwood v. Cuyahoga County Board of Elections

For a writ of mandamus to issue in this case, we must find that the board of elections clearly disregarded applicable legal provisions in invalidating the CBB petition and, therefore, that the board has a duty to hold the instant referendum election. See State, ex rel. Beck, v. Casey (1990), 51 Ohio St.3d 79, 80, 554 N.E.2d 1284, 1285, citing State, ex rel. Senn, v. Bd. of Elections (1977), 51 Ohio St.2d 173, 175, 5 O.O.3d 381, 382, 367 N.E.2d 879, 880. For reasons that follow, we find that the board properly applied R.C. 731.32. Thus, we deny the writ.

To establish the duty alleged, CBB…