State ex rel. Columbus Coalition for Responsive Govt. v. Blevins (Slip Opinion)
140 Ohio St. 3d 294
Ohio2014Background
- Coalition filed a certified precirculation copy of the proposed initiative with the Columbus city clerk on April 15.
- Clerk accepted and date-stamped; no notice that precirculation copy needed to be filed with the city auditor.
- Coalition began signature collection and submitted 497 part-petitions on July 15.
- City attorney advised on July 18 that the petitions were defective for failing to file with the city auditor under R.C. 731.32; clerk notified that petition would not be submitted to council.
- Coalition filed an original mandamus action on August 6 seeking to compel verification of signatures and submission to council.
- Supreme Court denied the writ, holding strict compliance with R.C. 731.32 is required and Columbus has an auditor; filing with the clerk alone does not satisfy precirculation requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether precirculation must be filed with the city auditor under R.C. 731.32. | Coalition argues filing with clerk suffices. | Blevins argues precirculation copy must be filed with the city auditor. | Strict compliance required; filing with clerk alone is insufficient. |
| Whether Columbus’s charter silent on precirculation affects which official must receive the copy. | Coalition asserts clerk is proper due to postcirculation duties. | City auditor role controls under R.C. 731.32. | R.C. 731.32 applies; auditor must receive precirculation copy. |
| Whether any equitable doctrines (e.g., unclean hands) defeat mandamus relief. | Coalition cites no unclean-hands authority. | No applicable duty; unclean hands not shown. | No relief based on unclean-hands doctrine; writ denied. |
Key Cases Cited
- State ex rel. Barletta v. Fersch, 99 Ohio St.3d 295 (2003-Ohio-3629) (strict compliance required under R.C. 731.32)
- Mika v. Lemon, 170 Ohio St. 1 (Ohio 1959) (absence of strict compliance negates filing duty)
- State ex rel. Julnes v. S. Euclid City Council, 130 Ohio St.3d 6 (2011-Ohio-4485) (charter silent; apply R.C. 731.32 where city has an auditor)
- State ex rel. Bogart v. Cuyahoga Cty. Bd. of Elections, 67 Ohio St.3d 554 (1993-Ohio-621) (precirculation requirements enforceable with auditor presence)