Opinion
No. 76-1112
Decided October 27, 1976.
Elections — Referendum — Board of elections — Prohibition — Writ not available, when.
IN PROHIBITION.
Relators are landowners and residents of Defiance County and are proponents of the "Gordon Creek Reconstruction Project." They allege that a referendum petition was filed, pursuant to R.C. 1515.26, with the Clerk of Courts of Defiance County by objectors to the schedule of assessments approved for such project.
It is alleged further that respondents, members of the Defiance County Board of Elections, approved placing the referendum on the ballot for vote at the general election of November 2, 1976, "without first reviewing, examining, and certifying the sufficiency and validity of said referendum petitions as required by" R.C. 3501.11(K).
In this action, relators seek to prohibit respondents "from placing on the ballot the Gordon Creek Assessment referendum for vote at the general election on November 2, 1976."
For their answer, respondents say that the duty of the board of elections is to place the referendum on the ballot, and that the board is not required "to review assessments and certify the sufficiency and validity of the petitions in question."
Messrs. Hyman, McMaster, Cook Webb and Mr. Norman E. Cook, for relators.
Messrs. Weaner, Hutchinson, Zimmerman Bacon and Mr. Roger Bacon, for respondents.
Relators herein do not allege any defect in the referendum petition affecting its validity.
The writ of prohibition is, therefore, denied.
Writ denied.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.