STATE EX REL. RUEHLMANN v. LUKEN

No. 92-1343.

65 Ohio St.3d 1 (1992)

THE STATE EX REL. RUEHLMANN ET AL. v. LUKEN ET AL.

Supreme Court of Ohio.

Opinion announced September 4, 1992.


Attorney(s) appearing for the Case

Taft, Stettinius & Hollister, Charles D. Lindberg, W. Stuart Dornette and Frederick D. Nelson, for relators.

Joseph T. Deters, Prosecuting Attorney, James W. Harper and Robert E. Taylor, for respondent Hamilton County Board of Elections.

Lee I. Fisher, Attorney General, Cherry Lynne Poteet and Andrew I. Sutter, for respondent Secretary of State.

Waite, Schneider, Bayless & Chesley Co., L.P.A., Stanley M. Chesley and Paul M. De Marco, urging denial of the writ for amicus curiae, Hamilton County Democratic Party.


Per Curiam.

For the following reasons, we reject relators' claims and deny the writ of mandamus.

R.C. 3501.11 provides in part:

"In all cases of a tie vote or a disagreement in the board [of elections], if no decision can be arrived at, the director or chairman shall submit the matter in controversy to the secretary of state, who shall summarily decide the question and his decision shall be final."

We have held that the Secretary of...

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