Summary
In Santora, the relator filed a mandamus action that sought to compel the placement of his name on the ballot in an upcoming primary election.
Summary of this case from State, ex Rel. Pendell, v. Bd. of ElectionsOpinion
No. 37569
Decided October 10, 1962.
Appeal — Dismissal — Moot question — Mandamus — To require name placed on ballot.
APPEAL from the Court of Appeals for Cuyahoga County.
The relator, Ernest C.T. Santora, was a candidate for nomination as a candidate for the office of councilman of the city of Cleveland in the primary election in 1961. He was nominated and was a candidate in the general election held in November.
On February 7, 1962, relator filed declarations of candidacy with the respondent Board of Elections of Cuyahoga County for the offices of Democratic precinct committeeman and Democratic state central committeeman. Thereafter, he received a letter from the respondent board notifying him that his declaration of candidacy for the office of Democratic state central committeeman had been found insufficient for the reason that he had failed to file an expense statement for the previous primary election within the statutory time limit. He received a similar letter with respect to his candidacy for the office of Democratic precinct committeeman and, thereafter, received official notice that his name would not appear on the ballot at the primary election.
On April 10, 1962, the instant action in mandamus was instituted in the Court of Appeals, seeking to compel the respondents to place relator's name on the official ballot and to certify his declarations of candidacy and his candidacy for the two offices at the primary election to be held on May 8, 1962.
On April 27, 1962, the Court of Appeals denied the relief sought and rendered judgment for respondents.
The cause is in this court on an appeal as of right.
Messrs. Lane, Krotinger Santora, for appellant.
Mr. John T. Corrigan, prosecuting attorney, and Mr. Frederick W. Frey, for appellees.
The only relief asked in this proceeding is that relator's name be printed on the official ballot and that his declarations of candidacy and his candidacy for the offices he seeks be certified for the primary election to be held on May 8, 1962. Since that time has passed and the election has been completed, the case has become moot. Therefore the appeal is dismissed. State, ex rel. Keller, v. Loney et al., Board of Elections, 169 Ohio St. 394.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BRYANT and O'NEILL, JJ., concur.
GRIFFITH, J., not participating.
BRYANT, J., of the Tenth Appellate District, sitting by designation in the place and stead of HERBERT, J.