State Ex Rel. Monroe v. Mahoning County Board of Elections
137 Ohio St. 3d 62
| Ohio | 2013Background
- Relator seeks writ of prohibition to bar board from placing Kitchen on ballot as independent mayoral candidate for Youngstown.
- Kitchen filed May 6, 2013 nominating petition; Monroe protested.
- Board held a July 18, 2013 protest hearing with sworn testimony from both sides.
- Evidence showed Kitchen prior voting for Democratic ballots (2000–2009), party affiliation history, and prior roles in Democratic Party; no post-declaration partisan activity shown.
- Record does not show disqualifying conduct or that Kitchen’s independence was not made in good faith; board denied protest and Monroe sued expediently; court denies writ and motion to strike.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kitchen’s nonaffiliation declaration was made in good faith. | Monroe argues not in good faith given Democratic ties and positions. | Board relies on Morrison-based standard that good faith is required; prior voting history alone insufficient. | No abuse; declaration made in good faith under Morrison. |
| Whether the board abused its discretion by placing Kitchen on the ballot. | Kitchen’s history shows lack of independence. | Evidence insufficient to show sham or false disaffiliation. | No abuse; board acted within discretion. |
| Whether Monroe is entitled to a writ of prohibition. | Writ appropriate to halt improper exercise of power. | Board acted within law; no fraud or abuse shown. | Writ denied. |
| Whether laches bars Monroe’s challenge. | Delay in filing after decision. | No timely action; but delay not fatal to merits. | Laches supports denial; writ denied. |
Key Cases Cited
- Morrison v. Colley, 467 F.3d 503 (6th Cir. 2006) (good faith required for independent declaration; supports board’s view)
- State ex rel. McCord v. Delaware Cty. Bd. of Elections, 106 Ohio St.3d 346 (2005) (adverse party effects; motion to strike balancing harm)
- Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216 (2002) (abuse of discretion standard for extraordinary action)
- Livingston v. Miami Cty. Bd. of Elections, 196 Ohio App.3d 263 (2011) (independence claim does not automatically fail; calculation evidence not disqualifying)
- Lorenzi v. Mahoning Cty. Bd. of Elections, 2007-Ohio-5879 (7th Dist.) (prior partisan voting after petition can be disqualifying in some cases)
- Wilkerson v. Trumbull Cty. Bd. of Elections, 2007-Ohio-4762 (11th Dist.) (distinguishes disqualification when primary voting occurred)
- State ex rel. Fuller v. Medina Cty. Bd. of Elections, 97 Ohio St.3d 221 (2002) (utmost diligence required; laches considerations)