State ex rel. Smith v. Smith

Citations

• 101 Ohio St. (N.S.) 358

Syllabus

<p>Elections — Primaries — Protests against candidacy — Section 4974, General Code — Jurisdiction — State and deputy state supervisors of elections — Discrelionary and ministerial duties — Candidate’s name to be certified, when — Mandamus.</p> <p>1. The scope of protests, provided for in Section 4974, General Code, against the candidacy of persons at primary elections, is, by the terms of that section, limited to the questions whether the candidate is an elector of the state or of the district or county in which he seeks to become a candidate, and has fully and truthfully complied with the provisions of the law with regard to the preparation and filing of his declaration of candidacy; and the state supervisor of elections or deputy state supervisors and • inspectors of elections have no authority to hear or determine protests on grounds not within these limitations.</p> <p>2. If a candidate is an elector of the state, or of the district or county in which he seeks to become a candidate, and has fully and truthfully complied with the provisions of the law with regard to the preparation and filing of his declaration of candidacy, the state supervisor of elections or deputy state supervisors and inspectors of elections have no discretion in the matter, but only a mere ministerial duty to perform, to certify the candidate’s name to be printed on the primary ballot, and may be compelled by mandamus to perform*'that duty.</p>