State ex rel. Janasik v. Sarosy

This is an action in prohibition originating in this court. In this action, relator seeks to prohibit the board of elections of Lake County from placing a referendum on an ordinance of the village of Willoughby Hills on the ballot.

Relator bases his argument on the fact that the circulators’ affidavits do not comply with Section 3501.38(E), Revised Code, in that they do not contain the statement that “he witnessed the affixing of every signature.”

Respondent denies it has any duty to check the validity of such referendum petitions. It argues that the duty is upon the clerk to make such…