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· 6/29/1906

State ex rel. Milner v. Jones

Citations

  • 74 Ohio St. (N.S.) 418

Syllabus

<p>Conduct of elections — Certificate of nomination — Sections 2966-18 to 2966-28, Revised Statutes — One acting as secretary of rival conventions may he compelled hy mandamus — To execute certificates of nomination made hy each, convention — Duties ■ of election hoard — Jurisdiction of court as to questions of nomination.</p> <p>1. Within the meaning of section 2966-18, Revised Statutes, the ■chairman and secretary of a nominating convention are the “proper officers” to execute certificates of nominations made by such convention.</p> <p>2. A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may present their claims for determination by the election board named in section 2966-23, Revised Statutes.</p> <p>3. Upon an application of this character the court will consider only questions relating to the relator’s right to such certificate of nomination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board.</p>

Judges: Crew, Davis, Price, Shauck, Spear, Summers

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