State ex rel. Carter v. Celebrezze

I respectfully dissent from the dismissal of the petition in mandamus of the relators by the majority of this court.

*331The majority, by its decision today, accomplishes the elevation of form over substance, and serves to allow the respondent Secretary of State to make a decision which should only be made by the voters of this state. See State, ex rel. Williams, v. Brown (1977), 52 Ohio St. 2d 13, 19-20. To hold that this proposal should fall, not on its merits, but on a printer’s error without significance, is unwarranted.

This court has recognized that the responsibilities of the Secretary of…