Summary
In Ellis, the declaration of candidacy recited that relator desired to be a candidate "`for election to the office of Judge — Common Pleas Court — 1-2-67 for the Full Term ending — 1-1-1973.
Summary of this case from State, ex Rel. Calhoun, v. Bd. of ElectionsOpinion
No. 40073
Decided April 8, 1966.
Elections — Declaration of candidacy and petition for candidate — Candidate for common pleas judge — Statutory requirements substantially compiled with, when — Name of county sufficiently designated.
IN MANDAMUS.
The relator, William R. Ellis, filed with the Mahoning County Board of Elections a declaration of candidacy and petition for candidate for the office of judge of the Common Pleas Court. The same was rejected as being invalid because the relator, in his declaration of candidacy, failed to indicate the county in which he wished to become a candidate.
This action in mandamus was instituted originally in this court to require the respondent board of elections to place the relator's name on the ballot as candidate for the office of judge of the Common Pleas Court of Mahoning County.
Mr. J. Franklin Spruill, for relator.
Mr. Clyde W. Osborne, prosecuting attorney, Mr. Loren E. Van Brocklin, Mr. William B. Saxbe, attorney general, and Mr. Charles S. Lopeman, for respondents.
The declaration of candidacy recites that "* * * I hereby declare that I desire to be a candidate * * * for election to the office of Judge — Common Pleas Court -1-2-67 for the Full Term ending — 1-1-1973."
Only one county (Mahoning) is mentioned in the declaration and petition. The relator and the electors signing the petition all lived in Mahoning County, the petition was filed in Mahoning County and respondents do not contest the statement in relator's brief that there was an election to be held for judge of the Common Pleas Court in Mahoning County for the term from January 2, 1967, to January 1, 1973. The relator, by his declaration and petition, could not qualify as a candidate for judge in any county other than Mahoning. The relator has sufficiently complied with the statutory requirements. A writ of mandamus is allowed.
Writ allowed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.