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STATE, EX REL. BUCHANON, v. STILLMAN

No. 41272.

12 Ohio St. 2d 13 (1967)

THE STATE, EX REL. BUCHANON, v. STILLMAN ET AL., CUYAHOGA COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Decided November 1, 1967.

Attorney(s) appearing for the Case

Messrs. Kinchen, Matia & Mays and Mr. Elliot M. Kaufman, for relator.

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

TAFT, C. J.

Section 3501.38 (E), Revised Code, provides that "every petition paper shall bear the affidavit of the circulator * * * that all signers were to the best of his knowledge and belief qualified to sign." Therefore, where the circulators' affidavits to such petitions do not contain such statements, the board of elections can for that reason determine that the petitions are invalid, and it can thereby save the...

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