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STATE EX REL. PURDY v. CLERMONT CTY. BD. OF ELECTIONS

No. 96-2067.

77 Ohio St.3d 338 (1996)

THE STATE EX REL. PURDY ET AL. v. CLERMONT COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided October 8, 1996.

Opinion announced January 22, 1997.

Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, James F. DeLeone, C. David Paragas, N. Victor Goodman and J. Gregg Haught, for relators.

Talikka, Ischie, Talikka, Wilson & Black and Neil R. Wilson, for relator Anita M. Tighe.

Donald W. White, Clermont County Prosecuting Attorney, and Thomas L. Blust, Assistant Prosecuting Attorney, for respondent Clermont County Board of Elections.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Patrick J. Murphy and Michael P. Butler, Assistant Prosecuting Attorneys, for respondent Cuyahoga County Board of Elections.

DOUGLAS, J.

The issue in this case is whether respondents properly concluded that R.C. 3513.04 barred relators from running for the offices of the State Board in the November 1996 general election. R.C. 3513.04 provides that "[n]o person who seeks party nomination for an office or position at a primary election by declaration of candidacy * * * shall be permitted to become a candidate at the following general election for any office by nominating petition or...

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