State Ex Rel. Davis v. Summit County Board of Elections
137 Ohio St. 3d 222
| Ohio | 2013Background
- Darrita Davis, an Akron (Ward 10) resident, filed a nominating petition on July 2, 2013 to run as an independent for Akron City Council.
- Summit County Board of Elections notified Davis (letter dated Sept. 23, 2013) that her petition was invalid; no explanation was given in the letter.
- Davis filed an original action for a writ of mandamus on Sept. 27, 2013 to compel placement of her name on the November 5, 2013 ballot; expedited briefing followed.
- The Board concluded Davis had not disaffiliated from the Democratic Party in good faith, relying primarily on her having voted in partisan primaries (notably March 2012) and two prepetition donations to Democratic candidates.
- The Board acted within the statutory time window applicable to Akron (R.C. 3501.39(C)(1)); Davis argued the disqualification was both time-barred and an abuse of discretion.
- The majority held the Board abused its discretion by relying chiefly on prepetition voting history and donations without postpetition evidence or an opportunity for Davis to be heard, and granted the writ. Two justices dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether laches bars relief | Davis filed promptly after receiving written notice; no unreasonable delay | Board claimed delay (telephone notice Sept. 20) prejudiced absentee voting | Laches rejected; filing was timely and no prejudice shown |
| Whether board abused discretion by disqualifying Davis for lack of disaffiliation under R.C. 3513.257 | Davis: declaration of nonaffiliation made in good faith; prior voting alone insufficient to disqualify absent stronger evidence or postpetition conduct | Board: voting in recent partisan primaries and donations show continued affiliation; applied two-year look-back analogously | Board abused discretion: prior voting history alone (and prepetition donations) insufficient; board misapplied two-year rule and failed to afford hearing |
| Whether board misapplied the two-year look-back from R.C. 3513.05 to disaffiliation analysis | Davis: R.C. 3513.257 has no two-year requirement; applying 3513.05 creates a de facto sit-out rule | Board: compared to petition-signature rules to assess affiliation | Court: error of law — two-year rule is specific to petition-signatures and not applicable to disaffiliation; misapplication unlawful |
| Whether board acted within its time to invalidate petition under R.C. 3501.39 | Davis: board invalidated petition after statutory deadline (60 days) | Board: exception for charter municipalities allows invalidation within 15 days after filing deadline | Held: Board acted within R.C. 3501.39(C)(1) — its action was timely |
Key Cases Cited
- State ex rel. Voters First v. Ohio Ballot Bd., 133 Ohio St.3d 257, 978 N.E.2d 119 (2012) (laches standard and requirement of diligence in election cases)
- Morrison v. Colley, 467 F.3d 503 (6th Cir. 2006) (independent-candidate disaffiliation must be made in good faith)
- State ex rel. Monroe v. Mahoning Cty. Bd. of Elections, 137 Ohio St.3d 62, 997 N.E.2d 524 (2013) (voting history alone insufficient to disqualify independent candidate)
- State ex rel. Coughlin v. Summit Cty. Bd. of Elections, 136 Ohio St.3d 371, 995 N.E.2d 1194 (2013) (diligence in expedited election filings; context on voting-history analyses)
- State ex rel. Yeager v. Richland Cty. Bd. of Elections, 136 Ohio St.3d 327, 995 N.E.2d 228 (2013) (timing limits on boards invalidating petitions)
- Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216, 778 N.E.2d 32 (2002) (standard for overturning board action: fraud, corruption, abuse of discretion, or clear disregard of law)