State ex rel. Wolson v. Kelly, 40097
| Decision Date | 08 April 1966 |
| Docket Number | No. 40097,40097 |
| Citation | 215 N.E.2d 719,6 Ohio St.2d 67 |
| Parties | , 35 O.O.2d 85 The STATE ex rel. WOLSON, v. KELLY et al., Board of Elections of Lucas County et al. |
| Court | Ohio Supreme Court |
Harland M. Britz, Toledo, for relator.
Harry Friberg, Pros. Atty., William B. Saxbe, Atty. Gen., and Charles S. Lopeman, Columbus, for respondents.
This is an action in mandamus originating in this court. Relator seeks to compel respondents, Board of Elections of Lucas County and the Secretary of State, to determine that his nominating petitions as a Democrat candidate for judge of the Court of Appeals of the Sixth Appellate District are valid and to place his name on the ballot at the May primary. The cause is now before the court on the demurrer to the answers which admit that relator filed nominating petitions containing the necessary number of valid signatures with the board of elections; that a protest was filed to such petitions on the ground that relator had failed to state the precinct in which he resides in his declaration of candidacy; that a hearing was had by the board of elections on the protest; that a tie vote resulted; and that the matter was submitted to the Secretary of State who upheld the protest.
Section 3513.07, Revised Code, provides in part as follows:
'The form of declaration of candidacy and petition of a person desiring to be a candidate for a party nomination or a candidate for election to an office or position to be voted for at a primary election shall be substantially as follows:
Admittedly relator set forth his correct voting residence in the declaration of candidacy and he was a registered voter at that address. Thus, this case differs from State ex rel. Higgins v. Brown, Secy. of State (1960), 170 Ohio St. 511, 166 N.E.2d 759, where the candidate had inserted an improper voting residence and precinct in the declaration of candidacy.
'Voting residence' is defined by Section 3501.01 (J), Revised Code, as follows:
...
To continue reading
Request your trial
- State ex rel. Ferrara v. Trumbull Cnty. Bd. of Elections
-
State ex rel. Citizens For Responsible Taxation v. Scioto Cty. Bd. of Elections
...258 N.E.2d 112; Stern v. Bd. of Elections (1968), 14 Ohio St.2d 175, 43 O.O.2d 286, 237 N.E.2d 313; State ex rel. Wolson v. Kelly (1966), 6 Ohio St.2d 67, 35 O.O.2d 85, 215 N.E.2d 719 (substantial compliance with form for declaration of candidacy and nominating petition allowed by R.C. 3513......
-
People v. Stanley
...of the statute, as distinguished from mere technical imperfections of form" (internal quotations omitted); State v. Kelly, 6 Ohio St.2d 67, 215 N.E.2d 719, 720 (1966) (concluding a for office substantially complied with the form required for declaration of candidacy because the document fil......
-
State ex rel. Corrigan v. Perk
...his street but fails to give the number of his residence, such failure does not invalidate his signature.' In State ex rel. Wolson v. Kelly (1966), 6 Ohio St.2d 67, 215 N.E.2d 719, a candidate for Judge of the Court of Appeals of the Sixty Appellate District omitted the precinct in which he......