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State ex rel Wright v. Cuyahoga County Board of Elections

October 27, 2008

THE STATE EX REL. WRIGHT
v.
CUYAHOGA COUNTY BOARD OF ELECTIONS.



SYLLABUS BY THE COURT

Elections -- Prohibition -- Prohibition will not lie to prevent action by election official when no requirement exists to hold a hearing on the matter -- Writ denied.

Per curiam.

Submitted October 24, 2008

IN PROHIBITION.

{¶1} This is an expedited election action for a writ of prohibition to prevent a board of elections from placing a proposed charter amendment submitted by the city council on the November 4, 2008 election ballot. Because the board did not exercise quasi-judicial power, we deny the writ.

Submission of Proposed Charter Amendment

{¶2} In early September 2008, the Cleveland City Council enacted Ordinance No. 1319-08, which authorized the submission of a proposed charter amendment relating to the city's civil-service system to the city electorate at the November 4, 2008 general election.

Protest

{¶3} Relator, Milton Wright, is a resident and elector of Cleveland. In mid-September, Wright filed a protest in affidavit form with respondent, Cuyahoga County Board of Elections, against the placement of the proposed charter amendment on the November 4 general election ballot. Wright claimed that the placement of the amendment on the November 4 ballot violated the Cleveland Charter and the Ohio Constitution.

Board of Elections Proceeding

{¶4} On October 7, the board of elections conducted a proceeding on Wright's protest as well as other protests against the placement of the proposed charter amendment on the November 4 election ballot.*fn1 No evidence was introduced at the proceeding, and after hearing the arguments of counsel, the board voted to deny the protests.

Expedited Election Case

{ΒΆ5} On October 15, Wright filed this expedited election case for a writ of prohibition to prevent the board of elections from placing the proposed charter amendment on the November 4 election ballot. Pursuant to a court-ordered schedule, the board filed an answer on October 20, and the parties filed evidence and briefs on ...


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