State ex rel. McMillan v. Ashtabula County Board of Elections

R.C. 3513.05 states:

“ * * * The declaration of candidacy and all separate petition papers shall be filed at the same time as one instrument. * * * ”

McMillan, inter alia, argues that the board had no authority to accept any petition papers other than those first filed on July 2 and, since those petition papers contained fewer than the number of legally required signatures, the board should have ruled Kobelak off the ballot. The board responds that a *188candidate who relies to his detriment on erroneous information given him by a board of elections should be permitted to file a new set of petition…