554 895, 51 87 v., 90-642

• Decision Date: 03 May 1990
• Docket Number: No. 90-642,90-642
• Citation: 554 N.E.2d 895
• Court: Ohio Supreme Court
• Parties: <!--554 N.E.2d 895, 51 Ohio St.3d 87, State ex rel. Clinard v. Greene County . Supreme Court of Ohio

Page 87

51 Ohio St.3d 87

554 N.E.2d 895

The STATE, ex rel. CLINARD v GREENE COUNTY [BOARD OF ELECTIONS].

No. 90-642.

Supreme Court of Ohio.

Submitted and Decided May 3, 1990.

On February 22, 1990, relator, William F. Clinard, filed a declaration of candidacy and petitions with sufficient signatures to gain a place on the Democratic Party primary ballot for the office of Judge of the Court of Common Pleas of Greene County. Relator's intent was to seek the office of judge of the civil and criminal division of the common pleas court, the term of which begins on January 2, 1991. However, the declaration of candidacy was filled out to indicate that the term of office would begin on January 1, 1991.

Relator attempted to withdraw the declaration and petitions and change the date, but the director of the respondent, Greene County Board of Elections, refused to give permission to do so.

Relator contends that the director misled him into thinking the term began January 1, 1991. Respondent denies this.

In a letter dated February 27, 1990, respondent upheld the director's decision not to permit amendment of the declaration of candidacy. However, in that same letter, respondent informed relator that it had validated his petition for the office of judge of the court of common pleas for the term beginning January 1, 1991. This term is for the office of Judge of the Domestic Relations Division of the Court of Common Pleas of Greene County, and the term of that office does begin January 1, 1991.

On March 2 and 5, 1990, two persons filed formal protests to relator's candidacy to be the domestic relations judge. The protests were based on the county of relator's residence. On March 27, 1990, respondent held a formal hearing on the protests, and by letter dated March 29, 1990, informed relator that his declaration of candidacy and petitions had been invalidated because he was "not an electorate [sic ] of Greene County."

On April 18, 1990, relator filed this action for a writ of mandamus, seeking, first, placement of his name on the May 8, 1990 primary ballot as a Democratic nominee for common pleas judgeship of Greene County, civil and criminal division, or alternatively, as a candidate for judge of the domestic relations division. On April 25, 1990, respondent answered and filed a motion to dismiss. On April 30, 1990, relator filed a brief in support of his complaint and in opposition to respondent's motion to dismiss.

William F. Clinard, pro se.

William F. Schenck, Pros. Atty., Thomas M. Rose and Margaret E. Wittmer, for respondent.

PER CURIAM.

In Count I of his complaint, relator alleges that the director of the respondent Greene County Board of Elections misled him so that he placed the wrong date for the common pleas judgeship, civil and criminal division, on the declaration of candidacy. In State, ex rel. Senn, v. Bd. of Elections (1977), 51 Ohio St.2d 173, 175, 5 O.O.3d 381, 382, 367 N.E.2d 879, 880, we stated that a board of election's decisions on matters of sufficiency and validity of petitions are subject to review for allegations of fraud, corruption, abuse of discretion, or a clear...