STATE EX REL. CUYAHOGA CTY. DEMOCRATIC PARTY EXECUTIVE COMMITTEE v. TAFT

No. 93-47.

67 Ohio St.3d 1 (1993)

THE STATE EX REL. CUYAHOGA COUNTY DEMOCRATIC PARTY EXECUTIVE COMMITTEE v. TAFT, SECRETARY OF STATE.

Supreme Court of Ohio.

Decided June 11, 1993.


Attorney(s) appearing for the Case

Donald J. McTigue; Porter, Wright, Morris & Arthur, Anthony J. Celebrezze, Jr. and Kathleen M. Trafford, for relator.

Lee Fisher, Attorney General; Squire, Sanders & Dempsey, David J. Young and Pamela Hackes Thurston, for respondent.


Per Curiam.

The executive committee mainly argues that Taft's rejection of its recommendation was an abuse of discretion. We agree and, therefore, issue the requested writ of mandamus.

R.C. 3501.07 permits the appropriate county executive committee to recommend a candidate for a vacancy on the county board of elections. The statute also provides:

"The secretary of state shall appoint such [qualified...

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