Opinion
No. 34733
Decided February 13, 1957.
Initiative and referendum — Municipal — Withdrawal of signatures from petition effective, when — Supplemental petition — Additional signatures to petition — Time within which to file — Section 731.29, Revised Code.
IN MANDAMUS.
On September 14, 1955, the council of the noncharter village of Mentor-on-the-lake, in Lake County, passed a zoning ordinance. On the same day, it was filed with and signed by the mayor. On October 13, 1955, a referendum petition concerning that ordinance and containing 61 signatures was filed with the clerk. On October 23, 1955, each of 39 of the 61, who had previously signed the referendum petition, filed with the clerk a written expression of his intention to withdraw his signature from that referendum petition. Both parties conceded that there was no question with respect to the identity of each of those 39 as a signer of the referendum petition.
Subsequently, on October 28, 1955, what purports to be an additional part of the foregoing referendum petition was filed with the clerk. This additional petition, hereinafter referred to as the supplemental petition, contains 39 additional signatures.
On November 9, 1955, the clerk rejected the referendum petition; and the clerk subsequently refused a written demand to certify the petition to the Lake County Board of Elections pursuant to the provisions of Section 731.29, Revised Code. Thereafter, on February 24, 1956, relator instituted this action as an original action in this court, praying that a writ be issued to compel the clerk to make such certification.
Mr. Albert C. Nozik, for relator.
Mr. Wayne E. Davis, for respondent.
In order to have the 10 per cent required by Section 731.29, Revised Code, it was necessary to have 43 valid signatures on the petition. After withdrawal of 39 of the 61 signatures, there remained only 22 valid signatures on the petition. All the questions raised with respect to the claimed ineffectiveness of the withdrawal of those 39 signatures from the referendum petition must be disposed of adversely to relator's contentions on authority of Lynn v. Supple, Clerk, ante, 154.
As to the supplemental petition filed on October 28, 1955, it was not filed "within 30 days after" the ordinance was "filed with the mayor" and "passed by the legislative authority" of the village on September 14, 1955. Hence, it was not filed within the time limited by Section 731.29, Revised Code, for the filing of a municipal referendum petition. There is no legislative provision for filing supplemental petitions or adding additional signatures to such a referendum petition after that time. Cf. Section 3519.16, Revised Code, relative to state referendum petitions.
Writ denied.
WEYGANDT, C.J., ZIMMERMAN, STEWART, BELL, TAFT, MATTHIAS and HERBERT, JJ., concur.