State ex rel. White v. Franklin Cty. Bd. of Elections

• Decision Date: 31 August 1992
• Parties: State ex rel. White v. Franklin Cty. Bd. of Elections NO. 92-1078
• Court: Ohio Supreme Court

Page 1451

64 Ohio St.3d 1451

597 N.E.2d 1108

State ex rel. White v. Franklin Cty. Bd. of Elections

NO. 92-1078

SUPREME COURT OF OHIO

Aug 31, 1992

MERIT DOCKET

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and was considered in a manner prescribed by law. Upon consideration thereof,

IT IS ORDERED by the court that, effective August 28, 1992, consistent with the opinion to follow, a writ of mandamus be and the same is hereby issued ordering the respondents to count all votes cast either by absentee ballot or at the polls in connection with the candidacy of Joseph Testa for nomination for the office of Franklin County Recorder; to determine and declare the results of the votes cast for Joseph Testa; and to certify the abstracts of those results.

IT IS FURTHER ORDERED by the court that, in view of the impending election, this order be, and hereby is, issued effective August 4, 1992.

MOYER, C.J., SWEENEY, HOLMES, WRIGHT and HERBERT BROWN, JJ., concur.

RESNICK, J., concurs as to the granting of the writ of mandamus but would make it effective as of the date of this entry, August 28, 1992.

DOUGLAS, J., dissents.