State ex rel. White v. Franklin Cty. Bd. of Elections (Slip Opinion), 2020 Ohio 524

Background

Tiffany M. White filed a nominating petition for the Democratic primary for Ohio House District 25 with 89 signatures; 50 valid signatures were required.
The Franklin County Board of Elections initially validated 47 signatures, then on secondary review certified 50 (including White’s own signature); Oscar L. Woods filed a protest challenging certain signatures and White’s self-signature.
At the protest hearing White submitted purported notarized statements from five electors (Harmon, Smoot, Davis, Rue, Fitzgerald); the board found the documents were not properly sworn and, after sustaining the challenge to White’s own signature, rescinded her certification leaving 49 valid signatures.
White filed an original-action mandamus petition seeking an order requiring the board to place her name on the ballot, arguing three disputed signatures (Harmon, Smoot, Rue) were valid (and Rue possibly a fourth).
The board maintained the submitted statements were unsworn and that it had compared petition signatures to voter-registration signatures and properly rejected those that did not match; the voter‑registration forms for the disputed electors were not in the record.
The Supreme Court denied the writ, concluding White failed to prove by clear and convincing evidence that the disputed signatures were genuine or that the board abused its discretion; it also denied White’s motion to strike an amicus brief.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether board abused discretion by rejecting Harmon/Smoot/Rue signatures based on White’s unsworn statements	White: unsworn statements from electors prove those signatures are genuine and would raise total above 50	Board: statements are unsworn, lack jurat/signature, and no voter‑registration forms in record to verify signatures	Denied — relator failed to prove genuineness by clear and convincing evidence; board did not abuse discretion
Whether printed signature (Harmon) was invalid per se	White: Harmon’s printed signature should not be disqualified solely because it is printed	Board: Harmon’s signature was invalidated because it did not match the voter‑registration signature, not merely because it was printed	Denied — relator did not show the board rejected it solely because it was printed; no voter‑registration form in record to rebut board’s stated basis
Whether board had a clear duty to compare unsworn statements to voter‑registration forms or to be ordered to do so	White: board should have validated signatures or be ordered to compare statements with registration forms	Board: no clear legal duty to make the voluntary comparison White requests; White did not seek the narrower relief of ordering a comparison	Denied — no established duty and White did not request writ to compel a comparison; relief sought (direct certification) not supported
Whether amicus curiae brief should be struck	White: amici may not file merit briefs in original actions without leave; brief causes confusion	Board/others: Ohio law permits amicus to file a merit brief without leave	Denied — amicus may file without leave; motion to strike denied

Key Cases Cited

State ex rel. Davis v. Summit Cty. Bd. of Elections, 137 Ohio St.3d 222 (2013) (elements for mandamus to compel ballot access)
Whitman v. Hamilton Cty. Bd. of Elections, 97 Ohio St.3d 216 (2002) (standard for abuse of discretion by elections board)
State ex rel. Scott v. Franklin Cty. Bd. of Elections, 139 Ohio St.3d 171 (2014) (boards must compare petition signatures to voter‑registration cards)
State ex rel. Crowl v. Delaware Cty. Bd. of Elections, 144 Ohio St.3d 346 (2015) (sworn affidavits can cure print/cursive mismatches)
State ex rel. Heavey v. Husted, 152 Ohio St.3d 579 (2018) (absence of voter‑registration records precludes proving erroneous rejection)
State ex rel. McCann v. Delaware Cty. Bd. of Elections, 155 Ohio St.3d 14 (2018) (definition and contours of abuse of discretion review)
State ex rel. Finkbeiner v. Lucas Cty. Bd. of Elections, 122 Ohio St.3d 462 (2009) (timing can render ordinary remedies inadequate in election cases)
In re Disqualification of Pokorny, 74 Ohio St.3d 1238 (1992) (affidavit on its face must show it was sworn to before proper officer)
State ex rel. Duke Energy Ohio, Inc. v. Hamilton Cty. Court of Common Pleas, 126 Ohio St.3d 41 (2010) (an amicus curiae may file a merit brief in an original action without leave)