State ex rel. Ernst v. Brunner

Frye, Judge.

I. Introduction

{¶ 1} This case primarily addresses a provision of the state election code commonly known as the sore-loser statute. In essence, R.C. 3513.04 disqualifies *75candidates who unsuccessfully seek nomination in a primary election from becoming candidates “for any office” (with a few exceptions) “at the following general election.”

{¶ 2} But, what happens when a new form of government is adopted at the primary election resulting in a substantial change in law, such that the former public office simply ceases to exist? Are those who were candidates for that abolished office…