State ex rel. Waters v. Spaeth, 131 Ohio St. 3d 55

Background

Waters seeks a writ of mandamus to place his name on the Warren County Republican Party Central Committee ballot for Precinct 15 in the 2012 primary.
Waters previously registered as Libertarian and voted in a Libertarian primary in 2010.
Libertarian Party failed to meet 5% threshold for governor in November 2010, raising questions about party status.
Waters filed to run as a Republican in December 2011; the Warren County Board of Elections voted not to certify his candidacy in December 2011.
Waters argues the Libertarian Party qualifies as a political party under Ohio law, which would bar his candidacy under RC 3513.191(A) and 3517.01(A)(1).
The court treats the mandamus petition under an expedited schedule and evaluates both statutory text and federal precedents.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Libertarian Party qualifies as a political party under RC 3517.01(A)(1).	Waters argues Libertarian Party is not a party under RC 3517.01(A)(1) due to failure to reach 5% in 2010.	Board relies on statutory definition and deference to secretary of state's directives treating Libertarian Party as a political party.	Libertarian Party qualifies as a political party for purposes of the election laws.
Whether RC 3513.191(A) bars Waters from the Republican primary because he voted in a different party's primary in the prior two years.	Waters contends RC 3513.191(A) should bar him from the Republican primary due to cross-party voting history.	Board maintains Waters is barred under RC 3513.191(A) by prior Libertarian primary participation.	Waters is barred from the Republican primary under RC 3513.191(A).
Whether mandamus is the appropriate remedy given timetable and existence of adequate alternatives.	Relator argues mandamus is appropriate to compel certification on an expedited basis.	Respondents argue mandamus is inappropriate where statutory scheme and remedies exist and timing favors denial.	Relief denied because Waters failed to establish entitlement to mandamus.
Whether federal law and court orders require treating Libertarian Party as a political party for ballot access.	Federal case law requires inclusion of Libertarian Party on ballots despite state statutes.	State statutes, and directives, may be reconciled with federal orders; deference to secretary of state directives.	Federal precedent requires treating Libertarian Party as a political party for purposes of ballot access.
Whether Waters’s equal protection claim has merit against the Warren County Board of Elections.	Waters alleges differential treatment compared to Franklin County board.	No sufficient evidence tying Warren County's action to equal protection violations.	No equal-protection violation shown; not bound by Franklin County decisions.

Key Cases Cited

State ex rel. Eshleman v. Fornshell, 125 Ohio St.3d 1 (2010-Ohio-1175) (mandamus requires clear legal right and duty, and no adequate remedy at law)
State ex rel. Owens v. Brunner, 125 Ohio St.3d 130 (2010-Ohio-1374) (mandamus relief in election timing contexts)
State ex rel. Husted v. Brunner, 123 Ohio St.3d 288 (2009-Ohio-5327) (fraud, corruption, or abuse of discretion standard for extraordinary actions)
Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216 (2002-Ohio-5923) (clear disregard of applicable legal provisions as standard in extraordinary actions)
State ex rel. Doner v. Zody, 130 Ohio St.3d 446 (2011-Ohio-6117) (clear and convincing evidence standard for mandamus relators)
Painter v. Brunner, 128 Ohio St.3d 17 (2011-Ohio-35) (federal election law duties of secretary of state and election officials)
Coble v. Lucas Cty. Bd. of Elections, 130 Ohio St.3d 132 (2011-Ohio-4550) (state election officials' duties and interpretive directives)
Libertarian Party of Ohio v. Blackwell, 462 F.3d 579 (6th Cir. 2006) (federal challenges to Ohio's minor-party ballot access)
Libertarian Party of Ohio v. Brunner, 567 F. Supp. 2d 1006 (S.D. Ohio 2008) (federal court order placing Libertarian Party on ballot)