Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State ex rel. Heavey v. Husted

Supreme Court of Ohio

March 29, 2018

The State ex rel. Heavey et al.
v.
Husted et al.

          Submitted March 26, 2018

         In Mandamus.

          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.

          Ronald J. O'Brien, Franklin County Prosecuting Attorney, and Timothy A. Lecklider, Assistant Prosecuting Attorney, for respondent Franklin County Board of Elections.

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and David T. Stevenson and Cooper D. Bowen, Assistant Prosecuting Attorneys, for respondent Hamilton County Board of Elections.

          Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Peter W. Nischt and Rocky Radeff, Assistant Prosecuting Attorneys, for respondent Summit County Board of Elections.

          Per Curiam

         {¶ 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.

         Background

         {¶ 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 their ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.