2022 Ohio 866
Ohio2022Background
- Terpsehore Maras sought the Republican nomination for Ohio secretary of state and submitted declarations and separate petition signature pages on January 31, 2022.
- Ohio law (R.C. 3513.09) requires the candidate’s declaration of candidacy to be copied on each part-petition before electors sign.
- Maras organized filings into 69 batches: first batch contained declarations; the other 68 batches contained signature pages grouped by county; she did not use the Secretary of State Form No. 2‑B and many signature pages lacked the declaration.
- About 40 county boards asked the Secretary of State’s office for guidance; the elections director instructed that part-petitions must include the declaration; many counties therefore invalidated affected part-petitions and collectively certified only 556 valid signatures (1,000 required).
- Maras filed an expedited mandamus action asking the Supreme Court to order Secretary LaRose to send her declaration pages to county boards for re-verification and to certify her for the May 2022 ballot. The Court denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maras complied with R.C. 3513.09 (declaration copied on each part-petition) | Maras says she filed an original declaration and "sufficient copies"; circulators attest the declaration accompanied each signature page when circulated | Maras did not have the declaration copied onto each part-petition; she separated declarations and expected the Secretary of State to attach copies; many counties received only signature pages | Held: Maras failed to show strict statutory compliance; declaration was not copied on each part-petition as required |
| Whether circulator affidavits or evidence of actual circulation can cure the filing defect / show substantial compliance | Affidavits from circulators attest that the declaration accompanied each signature page and thus cure any defect | Secretary points to Wilson: post‑filing affidavits cannot supplement the required filing; statute requires strict compliance | Held: Affidavits do not cure the defect; election laws require strict compliance and Wilson is dispositive |
| Whether the Secretary of State or county boards abused discretion by invalidating petitions or following guidance | Maras urges the Court not to defer to Secretary LaRose and contends officials failed to follow law/rules | Secretary acted consistently with statute and precedent when advising counties and treating petitions lacking declarations as invalid | Held: No abuse of discretion; Maras failed to meet her burden and the Secretary’s guidance followed the law |
| Whether an immediate writ certifying Maras to the ballot is appropriate | Maras sought immediate certification to the ballot | Secretary: certification would be premature because even if petitions returned result might still lack required valid signatures | Held: Premature; certifying now is inappropriate and the request is denied |
Key Cases Cited
- State ex rel. Wilson v. Hisrich, 69 Ohio St.3d 13 (1994) (statute requires the declaration be on each part‑petition; affidavits cannot cure filing defects)
- State ex rel. Simonetti v. Summit Cty. Bd. of Elections, 151 Ohio St.3d 50 (2017) (do not substitute court judgment for elections officials on conflicting factual evidence)
- State ex rel. Commt. for the Referendum of Lorain Ordinance No. 77-01 v. Lorain Cty. Bd. of Elections, 96 Ohio St.3d 308 (2002) (election statutes are mandatory; substantial compliance allowed only when statute permits)
- State ex rel. Linnabary v. Husted, 138 Ohio St.3d 535 (2014) (mandamus standard and elements)
- State ex rel. Lucas Cty. Republican Party Exec. Comm. v. Brunner, 125 Ohio St.3d 427 (2010) (mandamus relief requires showing official acted in clear disregard of law)