The Ohio Supreme Court determined the elections board abused its discretion in the matter by acting more than two months after the primary and that the protestor had standing to challenge the signatures as a member of the Libertarian Party.
Earlier this year Rob Bender, Libertarian Candidate for Reynoldsburg City Council, Ward 3, was illegally and inappropriately removed from the November ballot by the untimely action of the Franklin County Board of Elections. Despite vigorous protest by Mr. Bender’s Lawyer during the two separate hearings the Board convened to discuss their actions, the Board members voted to hear a challenge to Mr. Bender’s previously certified ballot petition.
Mr. Bender and his lawyer appealed to the Ohio Supreme Court, which, in an unusual swiftness, issued a unanimous rebuke to the Franklin County Board of Elections and granted Mr. Bender’s demand to be restored to the the ballot.
This is an unqualified victory for Libertarian Ballot Access in Ohio!
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THE STATE EX REL. BENDER v. FRANKLIN COUNTY BOARD OF ELECTIONS.
III. CONCLUSION
{¶ 17} Because no evidence established the protestor’s standing and because the time for sua sponte action by the board had passed, the board abused its discretion by removing Bender from the ballot. Accordingly, we issue a writ of mandamus ordering the board to reinstate Bender as a candidate for the November 2019 general election.Writ granted. O’CONNOR, C.J., and FRENCH, FISCHER, DONNELLY, and STEWART, JJ.,
concur.
KENNEDY and DEWINE, JJ., concur in judgment only.http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2019/2019-Ohio-2854.pdf