State ex rel. Miller v. Warren County Bd. of ElectionsAnnotate this Case
Mike Gilb, who had been appointed to fulfill a second unexpired term on the Mason City Council, took out candidate petitions for the upcoming general election for city council. Relators, registered voters and city residents, sent Respondents, the county board of elections, a letter claiming that Gilb was ineligible pursuant to the term-limit provisions of the city charter. The board considered the letter at its regular meeting, determining that there was no action for it to take at the time. Subsequently, Relators filed an expedited election action, requesting a writ of prohibition to prevent Respondents from certifying Gilb as a candidate and a writ of mandamus to compel Respondents to sustain their protest. The Supreme Court (1) denied Relators' prohibition claim because they failed to establish their entitlement to the requested relief as (a) Respondents had not exercised or were not about to exercise quasi-judicial power, and (b) Relators did not establish that they lacked an adequate remedy in the ordinary course of law to challenge Gilb's candidacy; and (2) dismissed Relators' mandamus claim for lack of jurisdiction.