2020 Ohio 339
Ohio2020Background
- Relators (10 Hills and Dales residents) submitted an R.C. 3311.242 petition on Oct. 29, 2019 to transfer village territory from Plain Local to Jackson Local and sought placement on the March 17, 2020 primary ballot.
- Plain Local Board initially refused to forward the petition to the county board of elections; the Supreme Court previously ordered the board to comply and in a follow-up case ordered forwarding for signature verification.
- Stark County Board of Elections verified sufficient signatures on Jan. 13, 2020; Plain Local certified the proposal back to the elections board on Jan. 16, 2020 but indicated the November 3, 2020 general election on the certification.
- Relators filed this mandamus action seeking (a) an order compelling the school board to certify placement for the March 17 primary and to file required materials with the State Board of Education, and (b) an order compelling the elections board to place the proposal on the March 17 ballot.
- The Court held the school board had no remaining duty to recertify or change the certification date (its prior certification satisfied R.C. 3311.242(B)(2)); the school board represented it filed required maps/materials. The Court rejected laches as to relators’ claim against the elections board.
- The Court granted a limited writ ordering the Stark County Board of Elections to review and examine the petition under R.C. 3501.11(K)(1) and to perform any duties required by law for potential placement on the March 17 ballot, and directed that if the board determines the petition otherwise meets legal requirements it shall place it on the March 17 ballot notwithstanding the 90‑day requirement in R.C. 3311.242(B)(2). Relators were denied attorney-fee relief. There were separate concurring/dissenting opinions advocating broader or different relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether relators’ claim against the elections board is barred by laches | Delay was not unreasonable because right to compel placement did not arise until certification on Jan. 16 | Relators unreasonably delayed from Oct. 29 to Dec. 16 in asserting rights | Laches does not bar relators; claim arose after Jan. 16 certification, so no unreasonable delay |
| Whether the school board must recertify to specify March 17 on the certification | School board should be ordered to recertify to specify March 17 | Certification already satisfied R.C. 3311.242(B)(2); specifying date is required only for special elections | No duty to recertify; the January 16 certification was sufficient and the November-3 notation was inconsequential |
| Whether the 90-day deadline in R.C. 3311.242(B)(2) precludes placing the proposal on March 17 | Petition requested March 17; school board’s delay should not defeat placement given its prior refusal to forward petition | Certification occurred after the statutory cutoff, so March placement is ineligible under strict-deadline rules | Court applied equitable precedent: because the school board unlawfully delayed forwarding the petition, the proposal may still be placed on March 17; ordered elections board to process petition and, if requirements are met, place it on March 17 notwithstanding the 90-day rule |
| Whether relators are entitled to attorney fees | Relators sought fees based on school board’s prior refusal to forward petition | Award appropriate only for bad-faith conduct by unsuccessful litigant | Denied: relators did not prove bad faith and the school board complied promptly with R.C. 3311.242(B) once required |
Key Cases Cited
- State ex rel. Polo v. Cuyahoga Cty. Bd. of Elections, 74 Ohio St.3d 143 (1995) (elements of laches explained)
- State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (2012) (mandamus burden: clear right, clear duty, no adequate remedy)
- State ex rel. Ditmars v. McSweeney, 94 Ohio St.3d 472 (2002) (election-deadline provisions generally require strict compliance)
- State ex rel. Citizens for a Better Portsmouth v. Sydnor, 61 Ohio St.3d 49 (1991) (equitable relief may be granted where a public body unlawfully delays submission and thus frustrates ballot access)
- Morris v. Macedonia City Council, 71 Ohio St.3d 52 (1994) (similar equitable relief where council’s delay unlawfully frustrated process)
- State ex rel. Commt. for the Charter Amendment, City Trash Collection v. Westlake, 97 Ohio St.3d 100 (2002) (writ may issue when governing body has opportunity to act but refuses for unlawful reasons)
- Wilborn v. Bank One Corp., 121 Ohio St.3d 546 (2009) (attorney-fee awards against unsuccessful litigant permitted only for bad faith)