Opinion
No. 81-1529
Decided October 29, 1981.
Prohibition — Writ denied, when — To prevent board of elections from placing issue on ballot.
IN PROHIBITION.
On August 20, 1981, petitions were filed with respondent, Summit County Board of Elections, to place issues concerning the sale of beer and liquor on the ballot for November 3, 1981. At its meeting on August 26, 1981, respondent found the petitions to be valid, approved the forms and authorized the printing of ballots to present those issues to the electorate on November 3, 1981.
On or about September 15, 1981, relator filed a protest with respondent to those petitions. After a hearing on September 28, 1981, relator's protest was denied.
Relator now brings this action seeking the issuance of a writ of prohibition to prevent respondent from placing the issues on the November ballot. Relator alleges that respondent's action in denying the protest was contrary to law and an abuse of discretion; and that respondent did not comply with its statutory duty to certify the sufficiency and validity of the petitions.
Amer, Cunningham Brennan Co., L.P.A., and Mr. Nickolas P. Andreeff, for relator.
Mr. Lynn C. Slaby, prosecuting attorney, and Mr. Wayne H. Calabrese, for respondent.
Relator's complaint does not seek relief which may be granted in an action in prohibition. Prohibition lies to prevent the usurpation of judicial or quasi-judicial power. See State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St.2d 11. The action of a board of elections in placing issues on the ballot is not an exercise of quasi-judicial power. State, ex rel. Williams, v. Brown (1977), 52 Ohio St.2d 13, 16; State, ex rel. O'Grady, v. Brown (1976), 48 Ohio St.2d 17, 20.
Accordingly, the writ is denied.
Writ denied.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and KRUPANSKY, JJ., concur.