State ex rel. Hamilton v. Clinton County Board of Elections

The issue presented in this case is: Did the board of elections abuse its discretion in rejecting relators’ petition because of a misleading resolution summary? For the reasons that follow, we hold that the petition did not fairly and accurately summarize Resolution No. 93-400. Accordingly, we deny the writ of mandamus.

R.C. 303.12(H) requires that a petition for referendum on a county zoning resolution contain the name by which the resolution is known and a “brief summary of its contents.” The purpose of requiring a summary is “to present fairly and accurately the question or issue to be…