The State ex rel. Heavey et al.
Husted et al.
Submitted March 26, 2018
Brunner Quinn, and Patrick M. Quinn, for relators.
Michael DeWine, Attorney General, and Renata Y. Staff and
Sarah E. Pierce, Assistant Attorneys General, for respondent
Secretary of State Jon Husted.
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Brendan R. Doyle, Assistant Prosecuting
Attorney, for respondent Cuyahoga County Board of Elections.
J. O'Brien, Franklin County Prosecuting Attorney, and
Timothy A. Lecklider, Assistant Prosecuting Attorney, for
respondent Franklin County Board of Elections.
T. Deters, Hamilton County Prosecuting Attorney, and David T.
Stevenson and Cooper D. Bowen, Assistant Prosecuting
Attorneys, for respondent Hamilton County Board of Elections.
Bevan Walsh, Summit County Prosecuting Attorney, and Peter W.
Nischt and Rocky Radeff, Assistant Prosecuting Attorneys, for
respondent Summit County Board of Elections.
1} In this expedited election case, relators,
Jonathan Heavey and Adam Hudak, seek a writ of mandamus
certifying their names to the May 8, 2018 ballot as
candidates for the Democratic Party's nominees for
governor and lieutenant governor, respectively. For the
reasons set forth below, we deny the writ.
2} On February 7, 2018, Heavey and Hudak delivered
their declaration of candidacy and petition for the
Democratic Party nomination for governor and lieutenant
governor to the office of respondent Jon Husted, Ohio
secretary of state. The petition contained 2, 185 signatures.
3} A petition of joint candidates for the offices of
governor and lieutenant governor must be signed by at least
1, 000 qualified electors who are members of the same
political party as the candidates. R.C. 3513.05. The
secretary of state transmitted Heavey and Hudak's
part-petitions to the appropriate county boards of elections
to verify the signatures. The county boards of elections
verified the validity of only 854 signatures. Therefore, when
Secretary Husted issued Directive 2018-06 on February 21,
2018, certifying statewide candidates for the May 8 ballot,
Heavey and Hudak were not on the list.
4} Heavey and Hudak commenced the present action on
February 28, 2018. In addition to Secretary Husted, the
complaint named as respondents the boards of elections of
five counties: Cuyahoga, Franklin, Hamilton, Summit, and
Warren. Heavey and Hudak alleged that Husted and the boards
abused their discretion and disregarded applicable law by
rejecting at least 146 valid signatures. The complaint
demanded a writ of mandamus compelling the boards to amend