State ex rel. Flynn v. Board of Elections

I am of the opinion that the board of elections has no jurisdiction under the statutes or the Constitution of this state to determine the legal qualifications of a candidate for office unless the qualifications be those required by statute to be set out in the nominating petition. Whether a candidate has other legal qualifications for the office which he seeks is a justiciable question which can be determined only by a court of competent jurisdiction.

The pertinent parts of Section 1901.07, Revised Code, pertaining to nominating petitions, are as follows:

“All candidates for municipal judge,…