State Ex Rel. Coble v. Lucas County Board of Elections
130 Ohio St. 3d 132
| Ohio | 2011Background
- Relator John Coble seeks mandamus to place his name on the Toledo Municipal Court judge ballot for the 2011 election.
- Coble filed a nominating petition May 23, 2011, but a board employee later said it lacked sufficient valid signatures and he withdrew June 1, 2011.
- Coble timely filed a second nominating petition June 13, 2011 for the same office and election.
- Secretary of State Directive 2011-24 later held that withdrawals cannot be followed by filing anew for the same office at the same election.
- The board rejected Coble’s second petition on July 29, 2011, prompting the expedited election action.
- The court ultimately held that R.C. 3513.052(G) allows timely withdrawal and filing a second petition, and the board abused its discretion by rejecting Coble’s candidacy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 3513.052(G) permits a timely withdrawal to allow a second petition. | Coble timely withdrew and filed a second petition. | Directive 2011-24 and 3513.261 bar second petitions for same office. | Yes, second petition permitted; board abused discretion. |
| Whether R.C. 3513.261 bars Coble’s second petition absent the 3513.052(G) exception. | Canales-Flores does not control here due to timely withdrawal. | Second petition barred by 3513.261. | No, 3513.052(G) provides the exception and overrides 3513.261 in this context. |
| Whether Canales-Flores supports the board’s decision to reject the second petition. | That case limited withdrawal provisions; here timely withdrawal applies. | Canales-Flores supports rejecting second petitions after first petition is deemed invalid. | Not controlling; QED exception applies. |
Key Cases Cited
- State ex rel. Canales-Flores v. Lucas Cty. Bd. of Elections, 108 Ohio St.3d 129 (2005-Ohio-5642) (allocates that 3513.052(G)–H permit withdrawal but not a second petition where first petition is invalid, dicta discussed in context)
- State ex rel. Reese v. Cuyahoga Cty. Bd. of Elections, 115 Ohio St.3d 126 (2007-Ohio-4588) (liberal construction in election-officer eligibility disputes)
- State ex rel. Eshleman v. Fornshell, 125 Ohio St.3d 1 (2010-Ohio-1175) (mandamus standard and proximity of election relevance)
- Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216 (2002-Ohio-5923) (discussion of discretion and statutory interpretation in election matters)
- In re Election of Member of Rock Hill Bd. of Edn., 76 Ohio St.3d 601 (1996) (limits on reliance on secretary advisories; board not bound by erroneous advisory)