STATE, EX REL. BYRD, v. BOARD OF ELECTIONS OF SUMMIT COUNTY

No. 80-1249.

65 Ohio St. 2d 40 (1981)

THE STATE, EX REL. BYRD, APPELLANT, v. BOARD OF ELECTIONS OF SUMMIT COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 18, 1981.


Attorney(s) appearing for the Case

Messrs. Roderick, Myers & Linton and Mr. Harry A. Tipping, for appellant.

Mr. Stephan M. Gabalac, prosecuting attorney, Mr. William E. Schultz, for appellee board of elections.

Mr. David L. Headley, for appellee Wetzel.


HOLMES, J.

The judgment of the Court of Appeals must, upon the basis of the statutory law as previously interpreted by this court, be affirmed.

There are two basic remedies available to a candidate who claims error on the part of the board of elections in tabulating votes. The candidate may request a recount pursuant to the provisions of R. C. 3515.01 to 3515.071, inclusive, or he may contest the election pursuant to R. C. 3515.08 to 3515.16, inclusive.

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