State ex rel. Demora v. LaRose
| Decision Date | 24 June 2022 |
| Docket Number | 2022-0661 |
| Citation | 2022 Ohio 2173 |
| Parties | The State ex rel. DeMora et al., v. LaRose et al. |
| Court | Ohio Supreme Court |
Submitted June 16, 2022
In Mandamus.
McTigue, Colombo, & Clinger, L.L.C., Donald J. McTigue and Derek S. Clinger, for the original relators.
Frankovitch, Anetakis, Simon, DeCapio, & Pearl, L.L.P., and Michael G. Simon, M. Eric Frankovitch, and Carl A. Frankovitch, for the intervening relators.
Shumaker, Loop & Kendrick, L.L.P., Larry J. Obhof Jr., Douglas G. Haynam, and Alia A. Kadri, for respondent Secretary of State Frank LaRose.
William C. Hayes, Licking County Prosecuting Attorney, and Carolyn J. Carnes and Mark W. Altier, Assistant Prosecuting Attorney, for respondent Licking County Board of Elections.
G. Gary Tyack, Franklin County Prosecuting Attorney, Amy L. Hiers, and Andrea C. Hofer, Assistant Prosecuting Attorneys, for respondent Franklin County Board of Elections.
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Ward C. Barrentine and Nathaniel S. Peterson, Assistant Prosecuting Attorneys, for respondent Montgomery County Board of Elections.
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Mark R. Musson, Assistant Prosecuting Attorney, for respondent Cuyahoga County Board of Elections.
{¶ 1} This expedited election case arises out of the efforts of eight prospective candidates to the August 2 primary-election ballot. Relators William DeMora, Anita Somani, Elizabeth Thien, Leronda Jackson, Bridgette Tupes, and Gary Martin ("the original relators"), filed declarations of candidacy in May of this year to appear on the August 2 ballot as a candidate for a partisan nomination, as a candidate for a political-party central committee, or as a write-in candidate. And intervening relators, Shafron Hawkins and Mehek Cooke ("the intervening relators"), filed declarations of candidacy and petitions in June of this year to run for partisan nominations for the Ohio House of Representatives.
{¶ 2} In Directive 2022-34, respondent Ohio Secretary of State Frank LaRose instructed the county boards of elections that any candidate declarations filed after February were untimely and should be rejected. The original relators brought this action seeking a writ of mandamus to compel Secretary LaRose to instruct respondents Franklin, Montgomery, and Licking County Boards of Elections to accept (1) any declarations of candidacy that were filed before 4:00 p.m. on May 4, 2022, that are otherwise valid and (2) any declarations of intent to be a write-in candidate that were filed before 4:00 p.m. on May 23, 2022, that are otherwise valid and to certify their candidacies to the August 2 primary-election ballot.
{¶ 3} For the reasons set forth herein, we grant the writ of mandamus requested by the original relators. In addition, we order the boards to accept the declarations and petitions and to certify the candidates to the ballot if they satisfy the other requirements for ballot access.
{¶ 4} The intervening relators seek a writ of mandamus compelling Secretary LaRose to rescind Directive 2022-34 and extend the deadline to file declarations until 4:00 p.m. on the tenth day after this court's decision in this matter and to order respondents Franklin County and Cuyahoga County Boards of Elections to certify their candidacies to the August 2 ballot. Alternatively, they seek a writ of mandamus compelling Secretary LaRose to postpone the August 2 primary "until September 6, at the earliest" to allow time for prospective candidates to file their declarations. For the reasons set forth herein, we deny the intervening relators' request for a writ of mandamus.
{¶ 5} The General Assembly set May 3 as the date for Ohio's 2022 primary election. R.C. 3513.05 provides that a person who wishes to become a candidate for a party nomination at a primary election or for election to an office or position to be voted for at a primary election must file a declaration of candidacy and petition no later than "the ninetieth day before the day of the primary election." Therefore, the deadline to file declarations of candidacy for the May 3 partisan primary was February 2. Prospective write-in candidates for elective office must submit a declaration of candidacy no later than "the seventy-second day preceding the election." R.C. 3513.041. With respect to the May 3 primary, the deadline for write-in candidates was February 22.[1]
{¶ 6} Under Ohio law, 2021 was a redistricting year. In November 2015, Ohio voters approved an amendment to the Ohio Constitution that established a new process for creating General Assembly districts. The amendment created a seven-member Ohio Redistricting Commission[2] to draw the boundaries of the 99 state House of Representatives districts and the 33 state Senate districts. Ohio Constitution, Article XI, Section 1(C). The Constitution requires the commission to "attempt" to draw a General Assembly-district plan "that meets all of the following standards":
{¶ 7} The commission adopted its first General Assembly-district plan in September 2021 ("Map 1"). On January 12, 2022, we held that Map 1 was invalid because the commission did not comply with the standards set out in Article XI, Section 6. League of Women Voters of Ohio v. Ohio Redistricting Comm.,___ Ohio St.3d___, 2022-Ohio-65, ___N.E.3d____, ¶ 135 ("League I "). We instructed the commission "to adopt a plan in conformity with the Ohio Constitution." Id.
{¶ 8} As the February 2 deadline to file declarations of candidacy for a partisan-primary election approached, the General Assembly enacted, and Governor Mike DeWine signed, 2022 Sub.H.B. No. 93 ("H.B. 93"). The bill addressed the problem that would arise if candidates whose home districts at the time they filed their declarations of candidacy were not the same under a revised map adopted by the commission. See id. at Section 4. Specifically, the bill established that a declaration of candidacy for the House, Senate, or a state central committee would not be invalid solely because it lacked a district number or included an incorrect district number, so long as the declarant took certain steps to correct the information. Id. at Section 4(C)(1). With respect to filing deadlines, the bill authorized the secretary of state to adjust any deadlines pertaining to the May 3 primary except for four specified deadlines, one of which was "[t]he deadline to file a declaration of candidacy, declaration of candidacy and petition, or declaration of intent to be a write-in candidate." Id. at Section 4(G)(1).
{¶ 9} On January 22, 2022, the commission adopted its first remedial General Assembly-district plan ("Map 2"). On February 7, we held that the commission had again violated Article XI, Section 6 and invalidated Map 2 "in its entirety." League of Women Voters of Ohio v. Ohio Redistricting Comm., ___Ohio St.3d___, 2022-Ohio-342, ___N.E.3d___, ¶ 67 ("League II "). We again ordered the commission to adopt a new plan. Id. at ¶ 68.
{¶ 10} There was no General Assembly-district plan in place on February 22, the deadline for prospective write-in candidates to submit a declaration of candidacy.
{¶ 11} The commission approved a new plan on February 24 ("Map 3"). Secretary LaRose instructed the county boards of elections to certify the candidacies of prospective House, Senate, and state-central-committee candidates who had filed declarations by the February 22 deadline, based on Map 3. See Secretary of State Directive 2022-28, Ballots and Candidates for May 3, 2022 Primary Election for All Offices, available at https: // www.ohiosos. gov/ globalassets/ elections/ directives/ 2022/dir2022-28.pdf#page=1 (accessed June 19, 2022) [https:// perma.cc/ 57YZ-JWMS].
{¶ 12} On March 16, we invalidated Map 3. League of Women Voters of Ohio v. Ohio Redistricting Comm., ___Ohio St.3d ___, 2022-Ohio-789, ___ N.E.3d ___, ¶ 2 ("League III "). Once again, we ordered the commission to reconvene and adopt a new plan. Id. The next day, Secretary LaRose issued Directive 2022-30, instructing county boards not to "alter[] or send[] ballots" until they received further direction. Secretary of State Directive 2022-30, League of Women Voters of Ohio et al. v. Ohio Redistricting Commission, et al. Decision and Additional Instructions, available at https://www.ohiosos.gov/globalassets/ elections/directives/2022/dir2022-30.pdf#page=1 (accessed June 19, 2022) [https://perma.cc/7WGD-QE8P].
{¶ 13} On March 23, Secretary LaRose issued Directive 2022-31. The directive declared that in light of League III 's invalidation of Map 3, "it is not possible to include the primary contests for the Ohio House, Ohio Senate, and State Central Committee on the May 3 Primary Election ballot." Secretary of State Directive 2022-31, Revised Form of Ballot for the May 3, 2022 Primary Election, available at https://www.ohiosos.gov/globalassets/elections/directives/2022/ dir2022-31.pdf#page=1 (accessed June 19, 2022) [https://perma.cc/BX6V-ARBK]. The directive instructed the boards to proceed with preparations for the ...
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