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STATE EX REL. WHITE v. FRANKLIN CTY. BD. OF ELECTIONS

No. 92-1078.

65 Ohio St.3d 5 (1992)

THE STATE EX REL. WHITE ET AL. v. FRANKLIN COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided August 28, 1992.

Opinion released September 4, 1992.

Attorney(s) appearing for the Case

Donald J. McTigue, for relators.

Michael Miller, Prosecuting Attorney, and Harland H. Hale, for respondents.

Per Curiam.

The dispositive issue in this case is whether respondents have a clear duty to count all ballots cast for a candidate who has filed an untimely statement of withdrawal of his candidacy. Relators argue that the election laws require boards of elections to declare election results and make no exception for untimely withdrawals. We agree and, therefore, issue the requested writ of mandamus.

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