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STATE, EX REL. MELVIN v. SWEENEY

No. 32428.

154 Ohio St. 223 (1950)

THE STATE, EX REL. MELVIN, v. SWEENEY, SECY, OF STATE.

Supreme Court of Ohio.

Decided October 27, 1950.

Attorney(s) appearing for the Case

Mr. W. B. McLeskey, for relator.

Mr. Herbert S. Duffy, attorney general, Mr. Nelson Lancione and Mr. Robert A. O'Neil, for respondent.

BY THE COURT.

The questions before the court are whether the remedy of mandamus is available to the relator and, if so, when and under what circumstances may an elector be given assistance in marking his ballot.

The functions of the respondent, as Secretary of State, relating to the conduct of elections are prescribed by Sections 4785-6 and 4785-7, General Code.

Section 4785-6, General Code, reads as follows:

"The Secretary of State, by virtue...

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