State ex rel. Haffner v. Green, 33739
| Decision Date | 24 October 1953 |
| Docket Number | No. 33739,33739 |
| Citation | 160 Ohio St. 189,115 N.E.2d 154 |
| Parties | , 52 O.O. 1 STATE ex rel. HAFFNER v. GREEN et al. |
| Court | Ohio Supreme Court |
Walter S. Haffner, Cleveland, in propria persona.
C. William O'Neill, Atty. Gen., and Joseph S. Gill, Columbus, for appellants.
The charter of the city of Cleveland fixes the date for filing primary election petitions as 40 days prior to the date of the primary election, without specifying any hour of such day before which the filing must be made, whereas Section 4785-92, General Code, provided that 'All separate petition papers comprising the nominating petition of a candidate for election at a general election shall be filed at the same time as one instrument not later than 6:30 p. m. of the 90th day before the first Tuesday after the first Monday in May immediately preceding such general election, and shall be accompanied by the written acceptance of nomination by the nominee named in such petition.'
Appellant contends that because of Section 4785-92, General Code, the board of elections was without authority to receive relator's petition or to determine the sufficiency of the number of electors signing same and, if sufficient, to order relator's name printed on the ballot, for the reason that such petition was not filed until after 6:30 p. m. of the 40th day prior to the primary election.
Relator contends that under section 8 of chapter III of the Cleveland charter, which fixes the date for filing primary election petitions as 40 days before the primary election, without specifying any hour by which the filing must be made, he was given the right to file his petition at any time until midnight of such date.
The city of Cleveland is a charter city, organized in accordance with Section 7, Article XVIII of the Ohio Constitution, and section 8 of chapter III of its charter provides, inter alia, that 'all separate papers comprising a nominating petition shall be assembled and filed with the election authorities as one instrument at least 40 days prior to the date of the primary election.'
It is settled that under Sections 3 and 7 of Article XVIII of the Ohio Constitution municipalities have authority to provide by charter for the nomination of their elective officers. State, ex rel. Stanley v. Bernon, 127 Ohio St. 204, 187 N.E. 733. Section 4785-92, General Code, containing the 6:30 p. m. deadline, by its terms referred to nominating petitions of candidates for nomination in a primary to be held the first Tuesday after the first Monday in May, which petitions must be filed not later than 90 days before such primary. That section obviously referred to petitions which are filed early in February for state, county and township offices and offices in municipalities which do not have charters.
The Cleveland charter provides for an August filing of nominating petitions for its municipal offices, and since it provides no hour deadline on the day by which the petitions must be filed, we must apply the law governing the situation as announced in the case of State ex rel....
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