State ex rel. Macko v. Monzula

• Decision Date: 27 October 1976
• Docket Number: No. 76-1068,76-1068
• Citation: 356 N.E.2d 493,2 O.O.3d 129,48 Ohio St.2d 35
• Parties: , 2 O.O.3d 129 The STATE ex rel. MACKO et al. v. MONZULA, Clerk, et al.
• Court: Ohio Supreme Court

Page 35

48 Ohio St.2d 35

356 N.E.2d 493, 2 O.O.3d 129

The STATE ex rel. MACKO et al. v.MONZULA, Clerk, et al.

No. 76-1068.

Supreme Court of Ohio.

Oct. 27, 1976.

On September 2, 1976, relators filed petitions with respondent, clerk of city council of Willoughby Hills, seeking recall of the Mayor and five of the seven members of council.

On September 13, 1976, the clerk notified relators that the petitions were defective, and one of the specific reasons given was that '(t)he affidavit (statement) of the circulators is insufficient and invalid.'

Relators seek a writ of mandamus requiring the clerk to certify the recall petitions to city council, and requiring council to place the recall issue on the ballot on November 2, 1976.Respondents have filed a motion for summary judgment seeking to dismiss relators' complaint.

Herbert L. Braverman, Cleveland, for relators.

Baker, Byron & Hackenberg and Barry M. Byron, Painesville, for respondents.

PER CURIAM.

R.C. 3501.38(E) prescribes the form for the affidavit of a circulator on petitions presented to a public officer for the purpose of holding an election on any issue.The statute requires that the circulator must state that he witnessed the affixing of every signature, that all signers were to the best of his knowledge and belief qualified to sign, and that every signature is to the best of his knowledge and belief the signature of the person whose signature it purports to be.

The affidavits of the circulators on the petitions filed September 2, 1976, fail to state that to the best of circulator's knowledge and...