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STATE EX REL. HAWKINS v. PICKAWAY CTY. BD. OF ELECTIONS

No. 96-351.

75 Ohio St.3d 275 (1996)

THE STATE EX REL. HAWKINS v. PICKAWAY COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided February 27, 1996.

Opinion announced March 6, 1996.

Attorney(s) appearing for the Case

James R. Kingsley, for relator.

P. Eugene Long II, Pickaway County Prosecuting Attorney, for respondent board of elections and its members.

Betty D. Montgomery, Attorney General, and Timothy G. Warner, Assistant Attorney General, for respondent Secretary of State.

Reid, Berry & Stanard and Robert L. Berry, urging denial of writ for amicus curiae.

Per Curiam.

We must determine whether dismissal, an alternative writ, or a peremptory writ is appropriate. S.Ct.Prac.R. X(5). A decision of a board of elections will be set aside and a writ of mandamus will issue to compel placement of Hawkins's name on the March 19 ballot if the board engaged in fraud, corruption, abuse of discretion or clear disregard of statutes or applicable legal provisions. State ex rel. Rife v. Franklin Cty. Bd. of Elections ...

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