State ex rel. Youngstown v. Mahoning County Board of Elections

Initially, relators have filed a memorandum in opposition to John R. Swierz’s amicus brief. Swierz is one of the candidates who has filed a petition to run for city council. Although we denied Swierz’s motion to intervene because of his failure to comply with Civ.R. 24(C), his amicus brief requires no leave of court. See S.Ct.Prae.R. VI(5) and X(8). Accordingly, Swierz’s brief was properly filed, and it is considered in our determination of the merits.

As to relators’ mandamus claim, as respondents note, where a petition filed in this court or a court of appeals is purportedly in mandamus, but…