State ex rel. White v. Franklin County Board of Elections

The dispositive issue in this case is whether respondents have a clear duty to count all ballots cast for a candidate who has filed an untimely statement of withdrawal of his candidacy. Relators argue that the election *7laws require boards of elections to declare election results and make no exception for untimely withdrawals. We agree and, therefore, issue the requested writ of mandamus.

Boards of elections must place qualified candidates on the primary ballot, R.C. 3513.13; count all ballots cast for such candidates, R.C. 3509.06(C) (absentee) and 3513.21 (polls); and certify the results,…