State ex rel. Barton v. Butler County Board of Elections

Respondent argues that relators have an adequate remedy at law via an injunction. We agree and find an additional reason why prohibition is inappropriate.

For a writ of prohibition to issue, a court must find that the respondent is about to exercise judicial or quasi-judicial power, that the exercise of such power is unauthorized by law, and that relator has no other adequate remedy at law. State, ex rel. Judson, v. Spahr (1987), 33 Ohio St. 3d 111, 515 N.E. 2d 911. This court has held that the Secretary of State exercises quasi-judicial power when determining the sufficiency of referendum…