State ex rel. Kelly v. Cuyahoga Cty. Bd. of Elections, No. 94-916
| Court | United States State Supreme Court of Ohio |
| Writing for the Court | PER CURIAM; MOYER |
| Citation | 639 N.E.2d 78,70 Ohio St.3d 413 |
| Decision Date | 31 August 1994 |
| Docket Number | No. 94-916 |
| Parties | The STATE ex rel. KELLY, Appellant, v. CUYAHOGA COUNTY BOARD OF ELECTIONS et al., Appellees. |
Page 413
v.
CUYAHOGA COUNTY BOARD OF ELECTIONS et al., Appellees.
Decided Aug. 31, 1994.
Cassidy & Mottl Co., L.P.A., and Paul W. Cassidy, Parma Heights, for appellant.
Stephanie Tubbs Jones, Cuyahoga County Pros. Atty., Patrick J. Murphy and Michael P. Butler, Asst. Pros. Attys., for appellees.
PER CURIAM.
For the reasons that follow, we hold that the board of elections did not abuse its discretion or disregard the law in determining Gallagher's qualifications and affirm the court of appeals' judgment.
In extraordinary actions for review of a decision by a board of elections, the standard is "whether the board engaged in fraud, corruption, abuse of discretion, or clear disregard of statutes or applicable legal provisions." State ex rel. Carr v. Cuyahoga Cty. Bd. of Elections (1992), 63 Ohio St.3d 136, 138, 586 N.E.2d 73, 74. Kelly does not assert fraud or corruption.
Boards of elections are obligated to weigh evidence of a candidate's qualifications, and courts should not substitute their judgment for that of the board. State ex rel. Herdman v. Franklin Cty. Bd. of Elections (1993), 67 Ohio St.3d 593, 596, 621 N.E.2d 1204, 1206. Thus, the court of appeals properly found that the board did not abuse its discretion in relying on the following undisputed proof of Gallagher's qualifications:
" * * * Eileen Gallagher graduated from Ohio Dominican in 1977. She has worked as a classified civil servant in the Probation Department of the Cuyahoga County Common Pleas Court from 1979 through 1994. During that time she put herself through law school. She passed the July 1987 bar examination and was admitted to the Ohio Bar on November 16, 1987. Additionally, she has been admitted to the bars of the United States District Court and the United States Supreme Court. She has paid all necessary registration fees and complied with Ohio's continuing legal education requirements. She has her legal office in the Illuminating Building, complete with cards, letterhead and secretarial staff. She has filed twenty-seven lawsuits and drafted wills, deeds, trusts and incorporations. She has advised clients and settled other disputes before they reached formal litigation. She testified that she has been doing this ever since being admitted to the bar and that she works around her hours at the Probation
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