State ex rel. Schwartz v. Brown, 38686
| Decision Date | 09 April 1964 |
| Docket Number | No. 38686,38686 |
| Parties | , 26 O.O.2d 438 The STATE ex rel. SCHWARTZ v. BROWN, Secy. of State. |
| Court | Ohio Supreme Court |
Louis J. Schwartz, in pro. per.
William B. Saxbe, Atty. Gen., and Franklin J. Sheeter, Columbus, for respondent.
Our statutes (1) provide that the Secretary of State 'shall * * * certify to each board' of elections on the 75th day before the primary election (here February 20) the names of the state candidates to be printed on the ballots (Section 3513.05, Revised Code) and (2) contemplate that armedservice and absentee ballots for this primary should have been available by March 6, 1964 (Sections 3511.03 and 3509.03, Revised Code). Under the circumstances here, where time is such an important factor, extreme diligence and the promptest of action were required on the part of relator. The unexplained lack of diligence on the part of relator deprives him of the relief he seeks. State, ex rel. Winterfeld v. Board of Elections of Lucas County, 167 Ohio St. 531,150 N.E.2d 420; State, ex rel. Peirce v. Board of Elections of Stark County, 168 Ohio St. 249, 153 N.E.2d 393.
The case is dismissed sua sponte.
Case dismissed.
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State ex rel. Commt. for the Referendum of Ordinance No. 3543-00 v. White, 00-1457.
...is well established that in election-related matters, extreme diligence and promptness are required. State ex rel. Schwartz v. Brown (1964), 176 Ohio St. 91, 26 O.O.2d 438, 197 N.E.2d 801. See, also, State ex rel. White v. Franklin Cty. Bd. of Elections (1992), 65 Ohio St.3d 45, 49, 600 N.E......
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...an important factor, extreme diligence and the promptest of action were required on the part of relator." State ex rel. Schwartz v. Brown (1964), 176 Ohio St. 91, 197 N.E.2d 801; see also, State ex rel. Bargahiser v. Board of Elections (1968), 14 Ohio St.2d 129, 237 N.E.2d 133; State ex rel......
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State ex rel. White v. Franklin Cty. Bd. of Elections
...and counting absentee ballots when complaints filed thirty-three days after protests decided); State ex rel. Schwartz v. Brown (1964), 176 Ohio St. 91, 26 O.O.2d 438, 197 N.E.2d 801 (dismissal of mandamus complaint to place candidate on ballot where complaint filed after ballot form certifi......
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Brink v. Franklin County Bd. of Elections
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