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STATE EX REL. SCHERACH v. LORAIN CTY. BD. OF ELECTIONS

No. 2009-1685.

123 Ohio St.3d 245 (2009)

2009-Ohio-5349

THE STATE EX REL. SCHERACH, v. LORAIN COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided October 8, 2009.

Attorney(s) appearing for the Case

Michael J. Scherach, pro se.

Dennis P. Will, Lorain County Prosecuting Attorney, and Gerald A. Innes, Assistant Prosecuting Attorney, for respondents.

Jeffries, Kube, Forrest & Monteleone Co., L.P.A., and David A. Forrest, for intervening respondent.

Per Curiam.

{¶ 1} This is an expedited election action for a writ of prohibition to prevent a board of elections and its members from placing on the November 3, 2009 general election ballot the name of a person as a candidate to fill the unexpired term of a city law director who had resigned. Because the board of elections did not exercise quasi-judicial authority in certifying the name to the election ballot, we deny the writ.

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