State ex rel. Jones v. Husted (Slip Opinion), 2016 Ohio 5681

A charter-petition committee filed a proposed Medina County charter with the Medina County Board of Elections under Article X, §3 of the Ohio Constitution and R.C. 307.94.
The board’s director reported a sufficient number of valid signatures on July 11, 2016, but the board deadlocked 2–2 on certifying the petition to the county commissioners.
The tie was submitted to Secretary of State Jon Husted under R.C. 3501.11(X); on August 2, 2016 Husted broke the tie against certification, concluding the proposed charter did not perform all duties required by law and did not establish a structural change.
Relators (petitioners) sued in this court seeking a writ of mandamus to require placement of the charter on the November 8, 2016 ballot. The action was reclassified as nonexpedited but briefed on an expedited schedule.
The court declined to reach the merits of the charter’s content, denying the writ because relators had an adequate legal remedy under R.C. 307.94 (a request that the board file an action in the county common pleas court to establish petition validity).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether relators are entitled to a writ of mandamus to force ballot placement	Relators argued the petition met Article X, §3 and the secretary exceeded ministerial authority by invalidating it	Secretary argued relators had an adequate legal remedy and the charter was invalid for not providing for all powers/duties or a structural government change	Writ denied: relators failed to show lack of an adequate remedy in the ordinary course of law
Whether R.C. 307.94 provided an adequate remedy	Relators said protesting to the secretary after his own tie-breaking vote would be redundant/illogical	Secretary pointed to R.C. 307.94 allowing petitioners to request the board sue in common pleas court to establish validity	Court held R.C. 307.94 provided an adequate alternative (request board to file suit); failure to use it bars extraordinary relief

State ex rel. Walker v. Husted, 43 N.E.3d 419 (Ohio 2015) (secretary has discretion to determine whether a proposed county charter sets forth a valid form of government)
State ex rel. Heffelfinger v. Brunner, 876 N.E.2d 1231 (Ohio 2007) (requirements for issuance of writ of mandamus: clear right, clear duty, and lack of adequate remedy at law)