STATE EX REL. PEIRCE v. BD. OF ELECTIONS

No. 35796.

168 Ohio St. 249 (1958)

THE STATE, EX REL. PEIRCE, v. BOARD OF ELECTIONS OF STARK COUNTY ET AL.

Supreme Court of Ohio.

Decided October 8, 1958.


Attorney(s) appearing for the Case

Mr. Clyde H. Wright, for relator.

Mr. Norman J. Putman, prosecuting attorney, for respondent Board of Elections of Stark County.

Mr. William Saxbe, attorney general, and Mr. Hugh A. Sherer, for respondent Ted W. Brown, Secretary of State.

Mr. Earle E. Wise, for respondent Anthony Flex.


Per Curiam.

The petition in this case was not filed until August 23, 1958, eight days after the final date on which candidates could voluntarily withdraw, which was August 15, 1958, i. e., "prior to the eightieth day before the day of such general election" (Section 3513.30, Revised Code) and three days after the time during which vacancies could be filled, which was August 20, or "not later than the seventy-sixth day before the day of such general election...

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