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STATE EX REL. McINTYRE v. MININNI

No. 72-722.

32 Ohio St. 2d 17 (1972)

STATE, EX REL. McINTYRE ET AL., APPELLEES, v. MININNI ET AL., FRANKLIN COUNTY BOARD OF ELECTIONS, APPELLANTS.

Supreme Court of Ohio.

Decided October 25, 1972.

Attorney(s) appearing for the Case

Messrs. Graham & Dutro, Mr. James L. Graham, Messrs. Vorys, Sater, Seymour & Pease and Mr. John W. Hoberg, for appellees.

Mr. George C. Smith, prosecuting attorney, and Mr. William B. Shimp, for appellants.

O'NEILL, C. J. R. C. 3513.23 provides:

"If an elector voting at a primary election writes in a blank space provided therefor on the ballot of one political party under the title of an office for which a nomination is to be made the name of a person other than the persons whose names are printed on the ballot as candidates for such nomination, and if such elector places `X' in the rectangular space at the left of the name written, such ballot shall be counted as a...

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