State ex rel. Mahoney v. Lucas Cty. Bd. of Elections

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Mahoney v. Lucas Cty. Bd. of Elections, Slip Opinion No. 2011-Ohio-4551.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-4551 THE STATE EX REL. MAHONEY v. LUCAS COUNTY BOARD OF ELECTIONS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Mahoney v. Lucas Cty. Bd. of Elections, Slip Opinion No. 2011-Ohio-4551.] Writ of mandamus granted based on decision in State ex rel. Coble v. Lucas Cty. Bd. of Elections. (No. 2011-1386 Submitted September 6, 2011 Decided September 9, 2011.) IN MANDAMUS. __________________ Per Curiam. {¶ 1} Based on our decision in State ex rel. Coble v. Lucas Cty. Bd. of Elections, __ Ohio St.3d __, Slip Opinion No. 2011-Ohio-4550, __ N.E.2d __ (case No. 2011-1371), we grant a writ of mandamus to compel respondent, Lucas County Board of Elections, to place the name of relator, Neal Mahoney, on the November 8, 2011 election ballot as a candidate for Sylvania Township Trustee. Writ granted. O CONNOR, C.J., and O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER and LUNDBERG STRATTON, JJ., concur in judgment. SUPREME COURT OF OHIO LANZINGER, J., dissents. LANZINGER, J., dissenting. {¶ 2} For the reasons stated in my dissent in State ex rel. Coble v. Lucas Cty. Bd. of Elections, __ Ohio St.3d __, Slip Opinion No. 2011-Ohio-4450, __ N.E.2d __ (case No. 2011-1371), I respectfully dissent. __________________ Shumaker, Loop & Kendrick, L.L.P., Douglas G. Haynam, and Michael J. O Callaghan, for relator. Julia R. Bates, Lucas County Prosecuting Attorney, and Andrew K. Ranazzi, Assistant Prosecuting Attorney, for respondent. Michael DeWine, Attorney General, and Richard N. Coglianese, Erick D. Gale, and Michael Schuler, Assistant Attorneys General, for intervening respondent, Secretary of State Jon Husted. ______________________ 2

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