STATE EX REL. COOPER v. WARREN

No. 71-333.

27 Ohio St. 2d 47 (1971)

THE STATE, EX REL. COOPER ET AL., v. WARREN, AUDITOR.

Supreme Court of Ohio.

Decided June 30, 1971.


Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, and Mr. Tommy L. Thompson, for relator.

Mr. K. Michael Foley, for respondent.


Per Curiam.

Relators assert that a simple majority was sufficient to pass the levy, notwithstanding the 55 percent requirement for off-year special elections. They raise two general propositions pertaining to the constitutionality of the 55 per cent requirement of R. C. 5705.191.

First, relators contend that any requirement which necessitates a vote in excess of a bare majority is violative of the equal protection clauses of the Fourteenth Amendment...

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