PORTIS v. SUMMIT CTY. BD. OF ELECTIONS

No. 93-1933.

67 Ohio St.3d 590 (1993)

PORTIS, APPELLEE, v. SUMMIT COUNTY BOARD OF ELECTIONS, APPELLEE; TARLE, APPELLANT.

Supreme Court of Ohio.

Opinion announced October 25, 1993.


Attorney(s) appearing for the Case

A. William Zavarello Co., L.P.A., A. William Zavarello and Mark W. Ruf, for appellee Portis.

Lynn C. Slaby, Summit County Prosecuting Attorney, and Donna C. Carr, Assistant Prosecuting Attorney, for appellee board of elections.

Blakemore, Meeker, Varian, Looney & Bowler Co., L.P.A., and Donald S. Varian, Jr., for appellant.


Per Curiam.

This action was filed under the aegis of R.C. 3515.08 through 3515.16, but it lacks the substantive characteristics of an election contest. "`An election contest, under the statute, is to ascertain and decide which candidate received the highest number of legal votes.'" State ex rel. Kirk v. Wheatley (1938), 133 Ohio St. 164, 167, 10 O.O. 236, 238, 12 N.E.2d 491, 493, quoting Heffner v. State ex rel. Johnson (1936), 131 Ohio St. 13...

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