State ex rel. Brown v. Ashtabula Cty. Bd. of Elections (Slip Opinion)

*376{¶ 25} I concur in the judgment of the court that relators are not entitled to a writ of mandamus.2 However, the opinion adopted by a plurality of the court employs the wrong legal standard to decide the ease. I therefore write separately to clarify the constitutional issues at play in this case.

{¶ 26} We first considered the constitutionality of R.C. 3513.04 in State ex rel. Purdy v. Clermont Cty. Bd. of Elections, 77 Ohio St.3d 338, 673 N.E.2d 1351 (1997). As written at the time, R.C. 3513.04 operated to prevent unsuccessful primary candidates from seeking election to a different office in…