In the case of State ex rel. Dunn v. Plain Local School Dist. Bd. of Edn., 2020-Ohio-339, the Ohio Supreme Court held that school boards are not required to specify the election date when a transfer proposal is to be placed on a ballot unless the proposal is to be placed on a special election date.
In this case, a village sent a transfer petition to a school board under R.C. 3311.242 so the village could place a transfer proposal on the ballot. The school board certified and transferred the proposal to the board of elections indicating the date of the election to be in November. The village then filed a petition for a writ of mandamus to have the school board recertify the proposal because R.C. 3311.242(B)(2) required the school board to indicate that proposal was to placed on the ballot in March.
The Ohio Supreme Court held that R.C. 3311.242(B)(2) placed no duty on school boards to indicate the date of the election for when a proposal is to be voted on and any dates within the certification are superfluous. The Ohio Supreme Court reasoned that once a school board has complied with R.C. 3311.242(B)(1) by filing the proposal, no further duties apply.
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 like the 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.