In re Election Contest of Democratic Primary Election

Election Contest: Applicable Standards

Durkin challenges the May 4, 1999 primary election for the office of Clerk of the Youngstown Municipal Court. In evaluating Durkin’s election contest, we are guided by several, well-established precepts.

Initially, “courts should be very reluctant to interfere with elections, except to enforce rights or mandatory or ministerial duties as required by law.” State ex rel. Taft v. Franklin Cty. Court of Common Pleas (1998), 81 Ohio St.3d 480, 481, 692 N.E.2d 560, 562; MacDonald v. Bernard (1982), 1 Ohio St.3d 85, 86, 1 OBR 122, 123, 438 N.E.2d 410, 411-412.

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