In the case of State ex rel. Summit Cty. Republican Party Executive Commt. v LaRose, Slip Opinion No. 2021-Ohio-1464, the Ohio Supreme Court held that the Secretary of State does not have the authority to reject a committee recommendation for appointment for reasons unrelated to the individual’s personal misconduct or personal misbehavior.
In this case, the Secretary of State refused the committee’s recommendation to reappoint a board member as an attempt to address concerns about the overall performance of the board.
The Ohio Supreme Court stated that the specific individual was qualified and there was no factual evidence demonstrating the individual was responsible for the board working environment, nor was there a demonstrated lack of competency, and therefore the rejection was improper.
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.