2019 Ohio 3724
Ohio2019Background
- Randy Law timely filed as an independent candidate for Warren mayor; the Trumbull County Board of Elections initially certified him to the November 2019 ballot.
- A protest alleged Law remained affiliated with the Republican Party; a hearing admitted documentary evidence and Law’s sworn testimony.
- Relevant facts: long history of Republican activity (including running as a Republican in 2018 and service on the county Republican central committee), voted in Republican primaries as recently as 2018, but did not vote in a 2019 primary.
- Law resigned his county-central-committee seat by letter (April 13), updated campaign Facebook pages to show “independent,” and filed an updated treasurer designation listing himself as independent within ten days after petition filing.
- The board, focusing on timing, past activity, statements in a newspaper article, and the treasurer form, voted to remove Law from the ballot, concluding he had not disaffiliated in good faith. Law sought mandamus and prohibition in this court.
- The Supreme Court of Ohio held the board abused its discretion, granted mandamus ordering recertification, and denied a writ of prohibition.
Issues
| Issue | Law's Argument | Board's Argument | Held |
|---|---|---|---|
| Proper standard for independent status | Law: his filed statement of nonaffiliation is valid if made in good faith | Board: candidate must take affirmative steps and persuade board he disaffiliated in good faith | Court: correct inquiry is whether protestor proved the statement was made in bad faith; candidate need only have made a good-faith declaration |
| Burden of proof at protest hearing | Law: burden on protestor to show bad faith by clear and convincing evidence | Board: effectiveness of candidate’s actions and explanations relevant; candidate should show disaffiliation conduct | Court: burden rests on protestor to prove the declaration was not in good faith by clear and convincing evidence |
| Probative value of evidence (resignation letter, treasurer form, newspaper quotes, past party activity) | Law: these actions show steps to disaffiliate and are not probative of bad faith | Board: timing, prior roles, statements, and paperwork indicate continuing Republican ties | Court: the cited evidence (as applied) was not sufficiently probative of bad faith; board abused discretion by relying on it |
| Appropriate remedy (mandamus vs prohibition) | Law sought recertification via mandamus or prohibition | Board defended removal; argued board acted within discretion | Court: mandamus is the proper remedy to reinstate a candidate; prohibition denied |
Key Cases Cited
- State ex rel. Davis v. Summit Cty. Bd. of Elections, 137 Ohio St.3d 222 (Ohio 2013) (establishes proper inquiry: whether candidate’s nonaffiliation statement was made in good faith)
- State ex rel. Morris v. Stark Cty. Bd. of Elections, 143 Ohio St.3d 507 (Ohio 2015) (places burden on protestor to prove lack of good faith by clear and convincing evidence)
- State ex rel. Guest v. Husted, 153 Ohio St.3d 630 (Ohio 2018) (discusses disaffiliation as often involving inaction but recognizes certain affirmative acts may be required)
- State ex rel. Monroe v. Mahoning Cty. Bd. of Elections, 137 Ohio St.3d 62 (Ohio 2013) (statement that running independent was "more strategic" is not per se disqualifying)
- State ex rel. Coughlin v. Summit Cty. Bd. of Elections, 136 Ohio St.3d 371 (Ohio 2013) (party affiliation is largely self-identification; voter registration status reflects primary voting)
- State ex rel. Stevens v. Fairfield Cty. Bd. of Elections, 152 Ohio St.3d 584 (Ohio 2018) (party affiliation is subject to change and is self-identification)
- State ex rel. Emhoff v. Medina Cty. Bd. of Elections, 153 Ohio St.3d 313 (Ohio 2018) (remedy distinctions: mandamus reinstates candidate to ballot; prohibition challenges placement)
- Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216 (Ohio 2002) (standard for overturning board actions includes abuse of discretion)
- State ex rel. McCann v. Delaware Cty. Bd. of Elections, 155 Ohio St.3d 14 (Ohio 2018) (defines abuse-of-discretion standard)
- Jolivette v. Husted, 694 F.3d 760 (6th Cir. 2012) (treasurer-designation form can be probative when contextual facts show sham independent candidacy)