State ex rel. Shamro v. Delaware Cty. Bd. of Elections, 2025 Ohio 941

Chris Shamro filed a referendum petition seeking to place a township zoning amendment (for Henmick Brewery in Brown Township, Delaware County) on the May 6, 2025, primary-election ballot.
The Delaware County Board of Elections decertified the referendum from the ballot, sustaining a protest arguing the petition did not have the correct name, a misleading summary, and a misleading map.
Shamro sought a writ of mandamus from the Ohio Supreme Court, compelling the board to place the referendum on the ballot.
The legal dispute centered on whether the referendum petition strictly complied with R.C. 519.12(H), particularly regarding the summary and accompanying map.
The case was expedited due to the proximity of the election.
The property owner, Henmick Brewery, intervened as a respondent in the case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the summary of the zoning amendment accurate and compliant with R.C. 519.12(H)?	Shamro: The summary was adequate and reflected the language in the application; modifications were not material.	Board: The summary omitted material modifications approved by trustees, making it misleading.	The Court held the summary was misleading due to omission of approved modifications.
Did the petition include the correct name of the zoning amendment?	Shamro: 'Henmick Brewery' is the name used throughout proceedings.	Board: Correct name should include full designation used by trustees.	Court did not resolve this, finding summary issue dispositive.
Was the map accompanying the petition appropriate?	Shamro: Map was substantially the same as the one submitted by the applicant and not misleading.	Board: Map was misleading because it differed in size or detail from official submission.	Court did not reach this issue, relying on summary deficiency.
Was Shamro entitled to attorney fees and expenses?	Shamro: Requested fees and expenses.	Board: No entitlement due to lack of substantive argument.	Request denied as waived for lack of separate argument.

Shelly & Sands, Inc. v. Franklin Cty. Bd. of Elections, 12 Ohio St.3d 140 (1984) (misleading or materially incomplete referendum petition summary renders petition invalid)
State ex rel. McCord v. Delaware Cty. Bd. of Elections, 106 Ohio St.3d 346 (2005) (requirement that a ballot summary be accurate and not misleading)
State ex rel. Quinn v. Delaware Cty. Bd. of Elections, 154 Ohio St.3d 44 (2018) (strict compliance with statutory requirements for referendum petitions)
State ex rel. Barney v. Union Cty. Bd. of Elections, 157 Ohio St.3d 27 (2019) (failure to satisfy any statutory requirement is sufficient to remove referendum from ballot)
State ex rel. Valentine v. Schoen, 174 Ohio St.3d 510 (2024) (standards for mandamus relief in election cases)