Legal Opinion

State, Ex Rel. Raines v. Tobin

Ohio Court of Appeals

Decided July 2, 1941No. 3435PublishedCited by 2 opinions

1Opinion of the Court

By the Court.

It seems to be quite definitely settled by the decisions of the Supreme Court of Ohio that for the most part questions arising in reference to elections are questions of political cognizance and are not subject to judicial review; the only exceptions to the general rule being where the action of the election authorities was procured by fraud or corruption, or where there has been a flagrant misinterpretation of the statutes or the provisions of the Constitution or a clear disregard of legal provisions applicable thereto.

Concerning the controversy in question, the statute provides…

2Cases cited1 opinion

  1. Koehler v. Board of ElectionsOhio Supreme Court · 1932

3Cited by2 opinions

  1. MacDonald v. BernardOhio Supreme Court · 1982
  2. Caven v. ClarkDistrict Court, W.D. Arkansas · 1948

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