STATE, EX REL. BASS v. BOARD

Nos. 33013, 33014, 33015 and 33016.

157 Ohio St. 345 (1952)

THE STATE, EX REL. BASS, v. BOARD OF ELECTIONS OF SUMMIT COUNTY. THE STATE, EX REL. BIXLER, v. BOARD OF ELECTIONS OF SUMMIT COUNTY. THE STATE, EX REL. DEVANY, v. BOARD OF ELECTIONS OF SUMMIT COUNTY. THE STATE, EX REL. GERMANO, v. BOARD OF ELECTIONS OF SUMMIT COUNTY.

Supreme Court of Ohio.

Decided April 2, 1952.


Attorney(s) appearing for the Case

Messrs. Lombardi, Kelly & Zerbe and Messrs. Bixler & Van Berg, for relators.

Mr. Alva J. Russell, prosecuting attorney, Mr. William A. Spencer, Mr. Robert E. Mohler, Mr. Paul C. Weick and Mr. C. E. Moiz, for respondent.


MIDDLETON, J.

The action of the board of elections was taken pursuant to Section 4785-70, General Code, which provides for the filing of a protest and the holding of a hearing thereon. That section reads in part:

"At the time so fixed [for hearing] such election officials shall hear the protest and determine the validity or invalidity of the declaration of candidacy and petition. If they find that such candidate is not an elector of the state, district, county...

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