Jolivette v. Husted, No. 12-3998 (6th Cir. 2012)Annotate this Case
Jolivette served as a Republican State Legislator and Butler County Commissioner, 1997-2010; he also served on the Butler County Republican Party’s Central Committee. In November 2011, Jolivette filed a Declaration of Candidacy to run as a Republican for the Office of State Representative for Ohio’s 51st House District. Pursuant to Ohio Rev. Code 3513.05, Jolivette submitted part-petitions containing 72 signatures; he failed to sign one, containing 17 signatures, and six signatures on the other signed petitions were of “questionable validity.” The Board of Elections met; Jolivette argued in favor of certifying his petition. Two weeks later Jolivette withdrew his candidacy as a Republican and resigned from the Republican Party Central Committee. He prepared a nominating petition to run as an independent candidate for the same office and did not vote in any party primary. Members of the Republican Party challenged his candidacy on the basis that he was not unaffiliated from the Republican Party. The Board of Elections approved Jolivette’s petition, but scheduled a protest hearing. After the protest was granted, Jolivette filed suit. The district court dismissed. The Sixth Circuit affirmed, finding no merit to Jolivette’s constitutional claims.