Legal Opinion

State ex rel. Kelly v. Cuyahoga County Board of Elections

Ohio Supreme Court

Decided August 31, 1994No. 94-916PublishedCited by 24 opinions

1Per curiam

For the reasons that follow, we hold that the board of elections did not abuse its discretion or disregard the law in determining Gallagher’s qualifications and affirm the court of appeals’ judgment.

In extraordinary actions for review of a decision by a board of elections, the standard is “whether the board engaged in fraud, corruption, abuse of discretion, or clear disregard of statutes or applicable legal provisions.” State ex rel. Carr v. Cuyahoga Cty. Bd. of Elections (1992), 63 Ohio St.3d 136, 138, 586 N.E.2d 73, 74. Kelly does not assert fraud or corruption.

Boards of elections are…

2Cases cited5 opinions

  1. Gazan v. HeerySupreme Court of Georgia · 1936
  2. State ex rel. Schenck v. ShattuckOhio Supreme Court · 1982
  3. State ex rel. Altiere v. Trumbull County Board of ElectionsOhio Supreme Court · 1992
  4. State ex rel. Carr v. Cuyahoga County Board of ElectionsOhio Supreme Court · 1992
  5. State ex rel. Herdman v. Franklin County Board of ElectionsOhio Supreme Court · 1993

3Cited by24 opinions

  1. State ex rel. Thurn v. Cuyahoga County Board of ElectionsOhio Supreme Court · 1995
  2. Whitman v. Hamilton County Board of ElectionsOhio Supreme Court · 2002
  3. Whitman v. Hamilton Cty. Bd. of ElectionsOhio Supreme Court · 2002
  4. State ex rel. Wolfe v. Delaware County Board of ElectionsOhio Supreme Court · 2000
  5. State ex rel. Youngstown v. Mahoning County Board of ElectionsOhio Supreme Court · 1995

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