State ex rel. Heavey v. Husted (Slip Opinion)
152 Ohio St. 3d 579
Ohio2018Background
- Relators Jonathan Heavey and Adam Hudak submitted a joint petition for the Democratic nomination for governor and lieutenant governor with 2,185 signatures; law requires 1,000 qualified-party electors (R.C. 3513.05).
- Secretary of State Jon Husted transmitted petitions to county boards; county boards validated only 854 signatures, so Husted did not certify them for the May 8, 2018 ballot.
- Heavey and Hudak filed an expedited mandamus action seeking certification, alleging at least 146 valid signatures were wrongly rejected by respondent county boards.
- The boards conceded some disputed signatures; relators identified 121 allegedly-misclassified signatures in their initial filing and later alleged additional disputed signatures (including 32 marked “not genuine”).
- The relators failed to produce voter-registration card exemplars or other clear-and-convincing evidence to show the challenged signatures were improperly invalidated; they thus remained below the 1,000-signature threshold.
Issues
| Issue | Heavey/Hudak’s Argument | Husted/Boards’ Argument | Held |
|---|---|---|---|
| Whether relators have a clear legal right to mandamus compelling certification to the ballot | Many signatures were wrongly rejected (including for print vs cursive differences and other classifications); relators identified at least 121 invalidations and later challenged additional signatures | Boards validated their rejections based on comparisons with voter-registration records and other signature-discrepancy standards; Secretary followed board certifications | Denied — relators did not prove by clear and convincing evidence that enough signatures were wrongly rejected to reach 1,000 valid signatures |
| Whether the relators may rely on speculative print-vs-cursive mismatch claims to overturn "not genuine" findings | Boards improperly invalidated signatures solely because one specimen was printed and the other cursive; such speculation should not sustain invalidation | Boards may consider all manner of signature discrepancies; relators must produce the voter-registration exemplars and particularized proof of error | Denied — relators’ assumption about print/cursive mismatch was speculative and unsupported by the record; they did not present the voter-registration signatures to rebut boards’ findings |
Key Cases Cited
- State ex rel. Waters v. Spaeth, 960 N.E.2d 452 (Ohio 2012) (mandamus prerequisites and standard of proof)
- State ex rel. Stewart v. Clinton Cty. Bd. of Elections, 925 N.E.2d 601 (Ohio 2010) (no adequate remedy when election is imminent)
- State ex rel. Finkbeiner v. Lucas Cty. Bd. of Elections, 912 N.E.2d 573 (Ohio 2009) (same)
- State ex rel. Yiamouyiannis v. Taft, 602 N.E.2d 644 (Ohio 1992) (boards must compare petition signatures to voter-registration cards)
- State ex rel. Mann v. Delaware Cty. Bd. of Elections, 34 N.E.3d 94 (Ohio 2015) (examples of invalidation where writing-style details differ)
