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STATE EX REL. ESSIG v. BLACKWELL

No. 2004-1603.

103 Ohio St.3d 481 (2004)

2004-Ohio-5586

The STATE ex rel. ESSIG et al. v. BLACKWELL, Secy. of State.

Supreme Court of Ohio.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn Co., L.P.A., John P. Gilligan, Daniel M. Anderson and Catherine L. Strauss; Law Offices of Donald J. McTigue and Donald J. McTigue, Columbus, for relators.

Chester, Willcox & Saxbe, L.L.P., Donald C. Brey and Elizabeth J. Watters, Columbus, for respondent.

Jones Day, Michael A. Carvin, Washington, DC, Matthew A. Kairis and Chad A. Readler, Columbus; Langdon & Shafer, L.L.C., David R. Langdon, Cincinnati, and Jeffrey A. Shafer, for intervening respondents.

Per Curiam.

{¶ 1} In this case, we must determine relators' entitlement to writs of mandamus and prohibition to prevent the Secretary of State from placing a proposed constitutional amendment on Ohio's November 2, 2004 election ballot. Because we lack jurisdiction over relators' mandamus claim and because Section 1g, Article II of the Ohio Constitution and res judicata bar relators' prohibition action, we dismiss the mandamus claim and deny the prohibition...

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