Opinion
No. 38686
Decided April 9, 1964.
Elections — Mandamus to require certification of candidate's name — Dilatoriness in prosecuting action — Dismissal sua sponte.
IN MANDAMUS.
Relator filed his nominating petition, including part-petitions, for candidacy for judge of the Supreme Court on February 5, 1964, on the last day authorized for filing, i.e., the 90th day before the primary election. On February 13, 1964, the respondent refused to accept and certify such petition. On February 25, 1964, relator filed his petition for a writ of mandamus in the instant case to require respondent to certify relator's name to the county boards of elections.
Respondent filed an answer on March 14, 1964, and on March 23, 1964, relator filed a demurrer to the answer. Relator's brief in support of that demurrer was not filed until March 31, 1964. Respondent's brief in opposition to the demurrer was filed on April 3, 1964.
The case is now before the court on the petition, the answer and the demurrer thereto.
Mr. Louis J. Schwartz, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. Franklin J. Sheeter, for respondent.
Our statutes (1) provide that the Secretary of State "shall * * * certify to each board" of elections on the 75th day before the primary election (here February 20) the names of the state candidates to be printed on the ballots (Section 3513.05, Revised Code) and (2) contemplate that armed-service and absentee ballots for this primary should have been available by March 6, 1964 (Sections 3511.03 and 3509.03, Revised Code). Under the circumstances here, where time is such an important factor, extreme diligence and the promptest of action were required on the part of relator. The unexplained lack of diligence on the part of relator deprives him of the relief he seeks. State, ex rel. Winterfeld, v. Board of Elections of Lucas County, 167 Ohio St. 531; State, ex rel. Peirce, v. Board of Elections of Stark County, 168 Ohio St. 249.
The case is dismissed sua sponte.
Case dismissed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.