State ex rel. Fritz v. Trumbull Cty. Bd. of Elections (Slip Opinion), 2021 Ohio 1828

Newton Falls electors submitted a sufficient petition to recall council member Sandra Breymaier; the city clerk certified it and delivered the certification, triggering the council’s duty to fix a recall-election date within 90 days.
At a May 10 council meeting (four members present after a resignation), a motion to hold the recall on June 1 received a 2–1 vote in favor; Breymaier abstained for conflict and the mayor (who votes only to break ties) declared the motion passed.
The law director, Fritz, asserted the motion failed because R.C. 731.17(B) requires a majority of members present (so the abstention counts toward the quorum), and the clerk withheld transmission of the motion to the county board of elections.
The mayor nevertheless notified the Trumbull County Board of Elections; the board, without a formal hearing on Fritz’s protest, set the special election for June 1 and opened early voting.
Relators filed for writs of prohibition and mandamus to stop the June 1 recall election and to order the board to remove the recall from the ballot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prohibition is warranted because the board exercised quasi‑judicial power and was required to hold a hearing under R.C. 3501.39(A)	Fritz: Board had to treat his protest as a petition protest and hold a quasi‑judicial hearing; prohibition appropriate.	Board: R.C. 3501.39(A) does not apply because Fritz protested a council vote, not a petition presented to the board; no hearing required.	Denied — Board did not exercise quasi‑judicial power and no statute required a hearing, so prohibition is not available.
Whether the council’s May 10 motion to set the recall date passed (i.e., how to calculate a “majority vote”)	Relators: “Majority vote” requires a majority of members present; an abstention counts as present, so motion failed (needed 3 votes).	Board/mayor: “Majority vote” means a majority of those who actually vote; abstention is not a vote and does not block passage.	Granted in favor of relators — R.C. 731.17(B) controls for motions: a motion must be approved by at least a majority of members present; the motion failed by one vote, so mandamus orders the board to remove the recall from the ballot.

State ex rel. Keith v. Lawrence Cty. Bd. of Elections, 159 Ohio St.3d 128 (2019) (elements and standards for seeking prohibition against a board of elections)
State ex rel. Wright v. Ohio Bur. of Motor Vehicles, 87 Ohio St.3d 184 (1999) (quasi‑judicial power defined as hearing/determination resembling a judicial trial)
State ex rel. Cornerstone Developers, Ltd. v. Greene Cty. Bd. of Elections, 145 Ohio St.3d 290 (2016) (no prohibition when no statutory duty to hold hearing)
State ex rel. Keyes v. Ohio Pub. Emps. Retirement Sys., 123 Ohio St.3d 29 (2009) (a “majority” means more than half of a defined set)
State ex rel. Burech v. Belmont Cty. Bd. of Elections, 19 Ohio St.3d 154 (1985) (board must reject measures that fail to meet ballot‑access requirements)
State ex rel. Shinnich v. Green, 37 Ohio St. 227 (1881) (historical rule treating abstentions as acquiescence of nonvoters; limited application)