STATE EX REL. BARTON v. BUTLER COUNTY BD. OF ELECTIONS

No. 75-791.

44 Ohio St. 2d 33 (1975)

THE STATE, EX REL. BARTON, v. BUTLER COUNTY BOARD OF ELECTIONS.

Supreme Court of Ohio.

Decided October 29, 1975.


Attorney(s) appearing for the Case

Messrs. Estabrook, Finn & McKee, Mr. Roland F. Eichner and Mr. Thomas L. Czechowski, for relator.

Mr. John F. Holcomb, prosecuting attorney, for respondent.


Per Curiam.

The issue presented is whether the initative question may be placed on the ballot despite failure of the initiative petition to comply with R. C. 3501.38(E), which reads as follows: "Every petition paper shall bear the statement of the circulator made under penalty of election falsification that he witnessed the affixing of every signature, that all signers were to the best of his knowledge and belief qualified to sign, and that every signature...

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