State Ex Rel. Coughlin v. Summit County Board of Elections, 136 Ohio St. 3d 371

Kevin J. Coughlin filed nominating petitions on May 6, 2013 to run for Stow Municipal Court clerk of courts on the nonpartisan general-election ballot; he meets statutory qualifications.
An elector (Donald Nelsch) protested on July 11, 2013, contending Coughlin was a Republican and had not disaffiliated, so he could not run as an independent/nonpartisan by petition.
The Summit County Board of Elections sustained the protest at a July 15 hearing and denied Coughlin’s petition.
Coughlin sought an expedited writ of mandamus (filed August 8, 2013) to compel placement of his name on the November 5, 2013 nonpartisan ballot; timing implicated UOCAVA ballot deadlines.
The board defended on laches and unclean-hands grounds and argued that petition-based candidates for clerk must disaffiliate because petition rules for independents (R.C. 3513.257) apply.
The Ohio Supreme Court found the board disregarded clearly established law in treating nonpartisan candidates as required to disaffiliate, and granted the writ.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether laches bars relief	Coughlin acted diligently; requested transcript promptly and filed soon after receipt	Board: delay in filing (filed Aug 8) caused prejudice because case became expedited	Denied — Coughlin’s short delay was largely due to the board’s slow transcript production; laches does not bar relief
Whether unclean hands bars relief	Reliance on enacted statute is not reprehensible; no conduct justifying denial	Board: Coughlin drafted legislation he later relied on, so equitable relief barred	Denied — no reprehensible conduct tied to subject matter; unclean hands inapplicable
Whether a candidate for nonpartisan municipal clerk must disaffiliate from a political party	Coughlin: nonpartisan office does not require disaffiliation; petition procedures do not convert status to "independent"	Board: petition requirements for clerks reference R.C. 3513.257 (independent petitions), so clerk candidates must disaffiliate	Held for Coughlin — nonpartisan office/ballot is distinct from independent candidacy; disaffiliation requirement applies to independents only, not to candidates for nonpartisan office
Whether mandamus relief is available to compel ballot placement	Coughlin: has clear legal right, board has duty, and no adequate remedy given election timing	Board: contested validity of petition denial and procedural defenses	Writ granted — clear right and duty established; proximity of election makes mandamus appropriate

State ex rel. Voters First v. Ohio Ballot Bd., 133 Ohio St.3d 257 (discussing laches and diligence in election challenges)
State ex rel. Allen v. Warren Cty. Bd. of Elections, 115 Ohio St.3d 186 (2007) (nonpartisan candidates are not required to disaffiliate)
State ex rel. Owens v. Brunner, 125 Ohio St.3d 130 (delay may be reasonable when relator diligently seeks records from board)
State ex rel. Willke v. Taft, 107 Ohio St.3d 1 (prejudice element satisfied when delay forces expedited election procedures)
State ex rel. Polo v. Cuyahoga Cty. Bd. of Elections, 74 Ohio St.3d 143 (elements of laches)
State ex rel. Orange Twp. Bd. of Trustees v. Delaware Cty. Bd. of Elections, 135 Ohio St.3d 162 (standard for proof in election mandamus)
State ex rel. Becker v. Eastlake, 93 Ohio St.3d 502 (courts should decide cases on the merits)
Morrison v. Colley, 467 F.3d 503 (6th Cir.) (independent candidates must disaffiliate in good faith)