Opinion
No. 2008-1950.
October 16, 2008.
In Mandamus. This cause originated in this court upon the filing of an expedited election action in mandamus. Upon consideration and consistent with the opinion to follow, we grant a writ of mandamus to compel the secretary of state to direct that duly appointed observers are permitted in all active polling places and to compel the secretary of state to instruct boards of elections to allow observers in all early-voting locations so long as the pertinent requirements of R.C. 3505.21 have been satisfied.
MERIT DECISIONS WITH OPINIONS
Pfeifer, Slaby, O'Donnell, and Cupp, JJ., concur.
Moyer, C.J., and Wolff and Lanzinger, JJ., dissent.
William H. Wolff Jr., J., of the Second Appellate District, sitting for Lundberg Stratton, J.
Lynn C. Slaby, J., of the Ninth Appellate District, sitting for O'Connor, J.