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2023 Ohio 1165
Ohio
2023
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Background

  • Relator: Summit County Republican Party Executive Committee; Respondent: Ohio Secretary of State Frank LaRose.
  • In 2021 the Ohio Supreme Court granted a writ of mandamus directing LaRose to reappoint Bryan C. Williams to the Summit County Board of Elections, finding LaRose abused his discretion.
  • More than a year later the committee moved for over $69,000 in attorney fees, arguing LaRose acted in bad faith when he rejected the committee’s recommendation to reappoint Williams.
  • The committee emphasized that LaRose’s written explanation alone sought a vague “cultural change” (unlike other rejections that cited individualized allegations) and argued political hostility toward Williams.
  • The committee also claimed severe and lasting consequences from LaRose’s action.
  • The court denied the fee motion, holding the committee failed to prove LaRose acted with the dishonest purpose or ulterior motive required to establish bad faith.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether LaRose acted in "bad faith" when he rejected the committee’s recommendation, allowing an award of attorney fees The committee: prior mandamus and LaRose’s vague explanation show dishonesty/ulterior motive LaRose: the court’s prior ruling showed abuse of discretion only; no evidence of conscious wrongdoing or ill will Denied — committee failed to show bad faith; abuse of discretion alone is insufficient
Whether alleged reputational and other harms justify awarding fees The committee: LaRose’s decision caused severe, long-lasting harm warranting fees LaRose: alleged harms do not prove bad faith; reputational harm primarily affected Williams, not the committee Denied — claimed harms do not establish bad faith or justify fees

Key Cases Cited

  • State ex rel. Kabatek v. Stackhouse, 6 Ohio St.3d 55 (1983) (attorney fees in mandamus are available only when the losing party acted in bad faith)
  • State ex rel. Grumbles v. Delaware Cty. Bd. of Elections, 165 Ohio St.3d 552 (2021) (to recover fees, a party must show more than negligence or poor judgment)
  • State ex rel. McDougald v. Greene, 161 Ohio St.3d 130 (2020) ("bad faith" requires dishonest purpose, conscious wrongdoing, or an ulterior motive)
  • State ex rel. Summit Cty. Republican Party Exec. Commt. v. LaRose, 165 Ohio St.3d 185 (2021) (prior mandamus decision finding LaRose abused his discretion in rejecting Williams)
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Case Details

Case Name: State ex rel. Summit Cty. Republican Party Executive Commt. v. LaRose
Court Name: Ohio Supreme Court
Date Published: Apr 11, 2023
Citations: 2023 Ohio 1165; 171 Ohio St.3d 107; 215 N.E.3d 547; 2021-0327
Docket Number: 2021-0327
Court Abbreviation: Ohio
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