Opinion
No. 40075
Decided April 8, 1966.
Elections — Declaration of candidacy and petition for candidate — Sufficiency of petition — Statutory requirements not complied with — Petition invalid.
IN MANDAMUS.
The relator, John G. Reese, filed with the Tuscarawas County Board of Elections his declaration of candidacy and petition for candidate for the office of county commissioner. The board of elections rejected his petition because five of the six petition papers filed failed to specify the number of persons signing the petition and the party affiliation of the candidate.
This action in mandamus was brought by relator in this court, seeking a writ directing respondents to certify his petition as valid and to place his name on the official ballot, contending that the action of the board was an abuse of discretion and contrary to law.
Messrs. Sani Barnhouse, Messrs. Patrick, Patrick Lehigh and Mr. Daniel T. Lehigh, for relator.
Mr. Harlan R. Spies, prosecuting attorney, Mr. James R. Thomas, Mr. William B. Saxbe, attorney general, and Mr. Charles S. Lopeman, for respondents.
The relator has failed to comply with statutory requirements as to his petition for candidate. The action of the board of elections in rejecting the petition was not an abuse of discretion or contrary to law. The writ of mandamus is denied.
Writ denied.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.