In the case State ex rel. Ferrara v. Trumbull Cty. Bd. of Elections, Slip Opinion No. 2021-Ohio-3156, the Ohio Supreme Court ordered that the Board of Elections determine the number of valid signatures on the part-petition ballot and to certify Ferrara’s name to the ballot if appropriate.
Here, a candidate submitted a part-petition that certified that there was one less signature than actually appeared. The Board of Elections, relying on guidance from the Ohio Secretary of State, denied the part-petition in whole for the undercounting of signatures.
The Ohio Supreme Court reasoned that there is no oath requirement for the number of signatures and an entire part-petition should not be invalidated when an inadvertent mistake results in the recording of an incorrect count of signatures on the ballot.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.