STATE, EX REL. MCCURDY v. DEMAIORIBUS

No. 38729.

176 Ohio St. 108 (1964)

THE STATE, EX REL. MCCURDY, v. DEMAIORIBUS ET AL., BOARD OF ELECTIONS OF CUYAHOGA COUNTY.

Supreme Court of Ohio.

Decided April 14, 1964.


Attorney(s) appearing for the Case

Messrs. Spieth, Bell, McCurdy & Newell, for relator.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Frederick W. Frey, for respondents.


Per Curiam.

The petition filed by the relator contained the signature of no person as circulator of the petition. The person who signed the petition as a notary public was not qualified to act as a circulator because he was not a member of the same political party as the relator.

The petition, therefore, failed to comply with the requirements of the statute (Sections 3513.05, 3501.38 and 3513.07, Revised Code).

There is no clear legal duty upon...

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