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State ex rel. Heavey v. Husted (Slip Opinion)
152 Ohio St. 3d 579
Ohio
2018
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Background

  • 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)
Read the full case

Case Details

Case Name: State ex rel. Heavey v. Husted (Slip Opinion)
Court Name: Ohio Supreme Court
Date Published: Mar 29, 2018
Citation: 152 Ohio St. 3d 579
Docket Number: 2018-0313
Court Abbreviation: Ohio