MASCHARI v. TONE

No. 2004-0977.

103 Ohio St.3d 411 (2004)

2004-Ohio-5342.

MASCHARI, APPELLANT, v. TONE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 5, 2004.


Attorney(s) appearing for the Case

Law Offices of Donald J. McTigue, Donald J. McTigue and Mark A. McGinnis, for appellant.

Tone, Grubbe, McGory & Vermeeren, and Tygh M. Tone, for appellee Tygh M. Tone.

Julia R. Bates, Special Erie County Prosecuting Attorney, and John A. Borell, Special Assistant Prosecuting Attorney, for appellee Erie County Board of Elections.

Stuart Lippe, urging reversal for amici curiae, Sandusky Branch of the National Association for the Advancement of Colored People and Concerned Voters for Proper Elections.


Per Curiam.

{¶ 1} On April 24, 1998, appellee Erie County Board of Elections voted not to challenge voters concerning their party affiliation at primary elections. On January 30, 2004, the board of elections defeated a motion to rescind the April 24, 1998 action.

{¶ 2} On March 2, 2004, Erie County held a Democratic Party primary election to nominate a candidate for the office of Judge of the Erie County Common Pleas Court for the term...

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