State ex rel. Ruehlmann v. Luken

For the following reasons, we reject relators’ claims and deny the writ of mandamus.

R.C. 3501.11 provides in part:

“In all cases of a tie vote or a disagreement in the board [of elections], if no decision can be arrived at, the director or chairman shall submit the matter in controversy to the secretary of state, who shall summarily decide the question and his decision shall be final.”

We have held that the Secretary of State’s decisions, otherwise final, may be reviewed for “fraud, corruption, abuse of discretion or a clear disregard of statutes or court determinations.” State ex rel. Ferguson…