Opinion
No. 40822
Decided January 10, 1968.
Elections — Referendum petition — Certification to board of elections — Circulator's affidavit — Insufficient valid signatures — Mandamus.
APPEAL from the Court of Appeals for Hancock County.
This is an appeal from a judgment in an original action in the Court of Appeals for Hancock County denying a writ of mandamus to compel the auditor of the city of Findlay to certify the text of a proposed ordinance to the Board of Elections of Hancock County for the purpose of having a referendum.
Messrs. Navarre, Rizor, DaPore Pettit and Mr. William D. Peppler, for appellant.
Mr. Carl W. Hinton, city solicitor, for appellee.
Appellant contends, as his sole question of law, that Section 3501.38, Revised Code, so far as it specifies requirements for the circulator's affidavit, is not applicable to referenda on wholly municipal questions. But see State, ex rel. Janasik v. Sarosy, 12 Ohio St.2d 5.
However, at least 1070 valid signatures were required to put appellant's issue on the ballot. The Court of Appeals found that 104 signatures on the petitions filed were invalid for reasons having nothing to do with the affidavit of the circulator, leaving only 1062 otherwise valid signatures.
Judgment affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT and SCHNEIDER, JJ., concur.