State ex rel. McGinn v. Walker (Slip Opinion), 2017 Ohio 7714

Committees in Athens and Medina Counties submitted proposed county-charter initiative petitions to their county boards of elections for placement on the November 2017 ballot.
Both boards found the petitions had sufficient valid signatures but refused to certify them as valid charters: Athens because the charter did not include an elective or appointive county executive as required by R.C. 302.02; Medina because the charter allegedly failed to provide an adequate alternative form of government and contained provisions outside county initiative power.
The committees filed protests with the Ohio Secretary of State; the secretary declined to rule after finding protest and court actions to be mutually exclusive remedies and common pleas courts had already ruled.
The committees then sought writs of mandamus in the Ohio Supreme Court to compel certification; the Court considered whether boards properly invalidated the petitions and whether H.B. 463’s expanded review authority needed review.
The Court denied the writs, holding the boards did not abuse their discretion because the charters failed the constitutional requirement that a county charter "provide for the exercise of all powers vested in, and the performance of all duties imposed upon counties and county officers by law." The Court declined to reach the constitutionality of H.B. 463.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether boards may invalidate charter petitions for failing to provide for all powers and duties required by Art. X, §3	Relators: boards must place petitions on ballot; substantive legality is for courts, not elections boards	Boards: petitions fail Art. X, §3 because they omit or defer statutory powers/duties	Held: Boards did not abuse discretion; petitions failed constitutional requirement that charters provide for all powers and duties
Whether elections boards can assess whether a charter falls within initiative authority (pre-H.B. 463)	Relators: boards may not adjudicate substantive legality; only courts can	Boards: they have authority to determine validity and conformity with constitutional prerequisites	Held: Boards had authority under pre-H.B. 463 law to assess whether a charter satisfies Article X, §3
Whether H.B. 463’s expanded statutory review (R.C. 3501.11(K)(2), 3501.38(M)) must be decided	Relators: challenged constitutionality of H.B. 463	Boards: relied on statute to support review	Held: Court did not decide H.B. 463’s constitutionality because pre-H.B. 463 law was dispositive
Whether mandamus is appropriate given other remedies	Relators: seek extraordinary relief here	Boards: relators had adequate statutory remedies (common pleas protest or secretary protest)	Held: Majority denied on merits; Justice DeWine concurred in judgment arguing relators had an adequate remedy at law (statutory routes)

State ex rel. Walker v. Husted, 144 Ohio St.3d 361 (2015) (boards may determine whether charter petitions meet Article X, §3 prerequisites but may not adjudicate post-approval substantive legality)
State ex rel. Coover v. Husted, 148 Ohio St.3d 332 (2016) (charter language that delegates to outside sources or uses overly general references fails Article X, §3)
State ex rel. Youngstown v. Mahoning Cty. Bd. of Elections, 144 Ohio St.3d 239 (2015) (elections boards cannot act as adjudicators of a measure’s ultimate constitutionality; courts decide that after enactment)
State ex rel. Jacquemin v. Union Cty. Bd. of Elections, 147 Ohio St.3d 467 (2016) (standard of review: fraud, corruption, abuse of discretion, or clear disregard of law for board actions)
State ex rel. Choices for South-Western City Schools v. Anthony, 108 Ohio St.3d 1 (2005) (boards may invalidate initiatives that fall outside statutory authorization)
State ex rel. Cramer v. Brown, 7 Ohio St.3d 5 (1983) (questions of a measure’s constitutionality are for courts and typically decided after election if measure passes)
Beagle v. Walden, 78 Ohio St.3d 59 (1997) (judicial authority to decide constitutional questions should not be impaired by other branches)