The State Ex Rel. Walker Et Al. v. Husted
144 Ohio St. 3d 361
| Ohio | 2015Background
- Medina, Fulton, and Athens counties circulated petitions to adopt county charters for the November 3, 2015 ballot.
- Secretary Husted sustained protests against all three petitions and invalidated them.
- Relators sought a writ of mandamus to compel placement of the charters on the ballot.
- Issue concerned the Secretary’s authority to review petitions under R.C. 307.95(C) and the charters’ legality.
- Court held the Secretary cannot invalidate petitions based on constitutionality; but affirmed invalidation for failure to define form of government under Article X, Sec. 3 and R.C. 302.02; affidavits defect provided alternate basis for denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of Secretary’s review under R.C. 307.95(C) | Walker argues broad discretion to judge petition validity | Husted claims authority to determine validity and hear protests | Secretary not allowed to preemptively judge legality; limited to form/sufficiency issues |
| Charter form of government requirement satisfied | Charters preserve status quo and create form of government | Charters fail to specify form of government or elected officers | Charters invalid for not providing form of government as required |
| Constitutionality as basis for invalidation | Unconstitutional provisions may be challenged later | Can invalidate based on constitutional issues in form of government | Affirmed that substantive constitutionality cannot be used to preclude ballot |
| Threshold requirements under Article X, Sec. 3 and R.C. 302.02 | Provisions satisfy form requirements | Provisions do not set forth form of government | Charters invalid for lack of form-of-government provisions |
| Affidavits noncompliance as alternate basis | Affidavits meet personal knowledge | Affidavits fail S.Ct.Prac.R. 12.02(B)(2) | Affidavits defect independently supports denial |
Key Cases Cited
- State ex rel. N. Main St. Coalition v. Webb, 106 Ohio St.3d 437 (2005-Ohio-5009) (board limited to face of petition; quasi-judicial protest hearings)
- State ex rel. Lange v. King, Ohio St.3d, 2015-Ohio-3440 (2015-Ohio-3440) (similar limits on form/validity review)
- State ex rel. Ebersole v. Delaware Cty. Bd. of Elections, 140 Ohio St.3d 487 (2014-Ohio-4077) (secretary/board can go beyond face of petition; but not to declare unconstitutionality)
- State ex rel. Choices for South-Western City Schools v. Anthony, 108 Ohio St.3d 1 (2005-Ohio-5362) (board authority over ballot measure prerequisites)
- Buckeye Community Hope Found. v. Cuyahoga Falls, 82 Ohio St.3d 539 (1998) (gatekeeping; avoid placing illegal/administrative measures on ballot)
- State ex rel. Cramer v. Brown, 7 Ohio St.3d 5 (1983) (premature constitutional challenges not considered in ballot actions)
- State ex rel. Morrison v. Beck Energy Corp., 2015-Ohio-485 (2015) (state authority over oil and gas preemption by local measures)
- State ex rel. Myles v. Brunner, 120 Ohio St.3d 328 (2008-Ohio-5097) (limits on Secretary’s interpretation of election law)