State ex rel. Richards v. Stark Cnty. Bd. of Elections, No. 2015–1297.

• Court: United States State Supreme Court of Ohio
• Writing for the Court: PER CURIAM.
• Citation: 145 Ohio St.3d 211,2015 Ohio 3658,48 N.E.3d 507
• Parties: The STATE ex rel. RICHARDS et al. v. STARK COUNTY BOARD OF ELECTIONS et al.
• Decision Date: 09 September 2015
• Docket Number: No. 2015–1297.

145 Ohio St.3d 211
48 N.E.3d 507
2015 Ohio 3658

The STATE ex rel. RICHARDS et al.
v.
STARK COUNTY BOARD OF ELECTIONS et al.

No. 2015–1297.

Supreme Court of Ohio.

Submitted Sept. 1, 2015.
Decided Sept. 9, 2015.

48 N.E.3d 508

The Okey Law Firm, L.P.A., and Steven P. Okey, Canton, for relators.

John D. Ferrero, Stark County Prosecuting Attorney, and Deborah A. Dawson and Stephan P. Babik, Assistant Prosecuting Attorneys, for respondent Stark County Board of Elections.

Michael DeWine, Attorney General, and Tiffany L. Carwile and Nicole M. Koppitch, Assistant Attorneys General, for respondent Ohio Secretary of State Jon Husted.

Craig T. Conley, for intervening respondent Francis H. Cicchinelli Jr.

PER CURIAM.

145 Ohio St.3d 211

{¶ 1} This is an expedited election case in which the relators seek a writ of prohibition to prevent respondents, Ohio Secretary of State Jon Husted and the Stark County Board of Elections, from placing the name of intervening respondent, Francis H. Cicchinelli Jr., on the November 2015 ballot as an independent candidate for mayor of Massillon. We deny the writ.

Background

{¶ 2} Cicchinelli has a long history as a Democratic Party candidate and officeholder in the city of Massillon. This history includes serving 14 years as a Democrat on the Massillon City Council and six terms as the Democratic mayor of Massillon.

{¶ 3} On April 29, 2015, Cicchinelli began circulating petitions to run for mayor in the November election as an independent candidate. A candidate who wishes to run as an independent must file a statement of candidacy and nominating petitions with the board of elections no later than 4:00 p.m. the day before the primary. R.C. 3513.257. Implicit in the submission of these documents is the candidate's declaration that he or she is independent; that declaration must be made in good faith. State ex rel. Davis v. Summit Cty. Bd. of Elections, 137 Ohio St.3d 222, 2013-Ohio-4616, 998 N.E.2d 1093, ¶ 17, 28 ; Morrison v. Colley, 467 F.3d 503, 509 (6th Cir.2006).

{¶ 4} Cicchinelli filed his papers, which declared his independent candidacy, on May 4, 2015. The next day, May 5, Cicchinelli cast a nonpartisan ballot in the primary election.

145 Ohio St.3d 212

{¶ 5} On June 16, 2015, four protesters filed a protest of Cicchinelli's candidacy with the Stark County Board of Elections.

48 N.E.3d 509

¹ ] The board of elections conducted a protest hearing on July 13, 2015, at the end of which the members deadlocked two-to-two on the protest. On July 31, 2015, Secretary of State Husted broke the tie in favor of certifying Cicchinelli's independent candidacy for the November ballot.

{¶ 6} The two remaining protesters, relators Robert L. Richards and Melvin T. Schartiger, then filed suit in this court for a writ of prohibition to prevent Husted and the board of elections from placing Cicchinelli's name on the ballot. Cicchinelli was granted leave to intervene as a respondent and filed an answer, but he failed to file a merit brief. The case is otherwise fully briefed and ripe for decision.

Legal Analysis

{¶ 7} To prevail in their protest, the protesters had to prove by clear and convincing evidence that Cicchinelli's declaration was not made in good faith. State ex rel. Monroe v. Mahoning Cty. Bd. of Elections, 137 Ohio St.3d 62, 2013-Ohio-4490, 997 N.E.2d 524, ¶ 25. And in an extraordinary-writ action challenging a decision of the secretary of state, the standard is whether the secretary of state engaged in fraud, corruption, or abuse of discretion or acted in clear disregard of applicable law. State ex rel. Lucas Cty. Republican Party Executive Commt. v. Brunner, 125 Ohio St.3d 427, 2010-Ohio-1873, 928 N.E.2d 1072, ¶ 9.

{¶ 8} The...