STATE, EX REL. GOTTLIEB v. SULLIGAN

No. 38424.

175 Ohio St. 238 (1963)

THE STATE, EX REL. GOTTLIEB, v. SULLIGAN ET AL.

Supreme Court of Ohio.

Decided October 11, 1963.


Attorney(s) appearing for the Case

Messrs. Knepper, White, Richards & Miller and Mr. Hugh A. Sherer, for relator.

Mr. Clyde W. Osborne, prosecuting attorney, and Mr. Thomas Corroto, for respondents Jack Sulligan and the Board of Elections of Mahoning County.

Mr. William B. Saxbe, attorney general, Mr. Robert E. Boyd and Miss Neva H. Wertz, for respondent Ted W. Brown, Secretary of State.

Mr. Patrick J. Melillo, Messrs. Saker & Yannon and Mr. Arthur B. Cunningham, for respondent Flask.


Per Curiam.

The sole issue in this case is whether a person selected as a party candidate for an office in a primary election who withdraws his candidacy for that office is eligible for selection as a party candidate by the party committee to fill a vacancy in the nomination for another office created by the withdrawal of the candidate originally nominated.

The determination of this question rests on the construction of Section 3513.04, Revised Code...

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