Summary
rejecting realtor's petition when no qualified person signed the petition as its "circulator," but petition was authorized by notary public
Summary of this case from State v. AngelOpinion
No. 38729
Decided April 14, 1964.
Elections — Primary — Petition of candidate — No signature of person as circulator — Person signing as notary public not qualified as circulator — Not member of political party of candidate — Statutory provisions not complied with — Sections 2513.05, 3513.261, 3501.38 and 3513.07, Revised Code — Candidate not entitled to have name on ballot.
IN MANDAMUS.
The relator filed a petition for an alternative writ of mandamus against the members of the Board of Elections of Cuyahoge County, praying that they be ordered to print the name of the relator, Everett D. McCurdy, on the ballot in Cuyahoga County as a candidate for the office of Republican Central Committeeman for District 4, Precinct J, in the City of Cleveland Heights, Cuyahoga County, at the primary election to be held on May 5, 1964.
The respondents, in their answer, allege that in the petition filed by relator there was no person designated as "circulator," and that the person who notarized such petition and apparently was the only person who could act as circulator was not a member of the same party as the relator as required by Section 3513.05, Revised Code.
Messrs. Spieth, Bell, McCurdy Newell, for relator.
Mr. John T. Corrigan, prosecuting attorney, and Mr. Frederick W. Frey, for respondents.
The petition filed by the relator contained the signature of no person as circulator of the petition. The person who signed the petition as a notary public was not qualified to act as a circulator because he was not a member of the same political party as the relator.
The petition, therefore, failed to comply with the requirements of the statute (Sections 3513.05, 3501.38 and 3513.07, Revised Code).
There is no clear legal duty upon the members of the Board of Elections to print relator's name on the ballot, and, therefore, the writ must be denied on authority of State, ex rel. Van Aken, v. Duffy et al., Board of Elections of Cuyahoga County (this day decided), 176 Ohio St. 105.
Writ denied.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.