State ex rel. Kay v. Brown

This is an action in mandamus originating in this court. Eelator, a candidate for the United State Senate of the American Independent Party, seeks to prevent respondent, Secretary of State, from counting the votes cast at the November 3, 1970, election for Howard Metzenbaum as a candidate for United States Senate. The cause is before the court on the petition of relator and answer of the respondent.

Eelator alleges that he filed a complaint under E. C. 3517.13, charging Metzenbaum with violation of E. C. 3517.08 through E. C. 3517.12 (Corrupt Practices Act), and seeks to prevent respondent…