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STATE, EX REL. CARR v. CUYAHOGA CTY. BD. OF ELECTIONS

No. 91-2097.

63 Ohio St.3d 136 (1992)

THE STATE, EX REL. CARR, APPELLANT, v. CUYAHOGA COUNTY BOARD OF ELECTIONS, APPELLEE.

Supreme Court of Ohio.

Opinion released February 12, 1992.

Attorney(s) appearing for the Case

Armstrong, Gordon, Mitchell & Damiani, Louis C. Damiani and Bruce A. Zaccagnini, for appellant.

Stephanie Tubbs Jones, Prosecuting Attorney, Patrick J. Murphy and Michael P. Butler, for appellee.

Per Curiam.

Carr first argues that both protests were untimely filed under R.C. 3513.263,1 that the second protest was not filed by a qualified elector eligible to vote for the candidate, as required by R.C. 3513.263, and that the board abused its discretion by hearing the protests. However, we have allowed the board to examine and act on petitions regardless of the timeliness of the protest, see State, ex rel. Hinkle, v. Franklin...

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