Opinion
No. 85-1537
Decided October 23, 1985.
Elections — Township trustees — Residency requirements — R.C. 503.24, 503.241 and 3503.01 — No abuse of discretion by board of elections, when.
IN MANDAMUS.
Relator, Harold L. Nichols, circulated a nominating petition and statement of candidacy for the office of Harrison Township Trustee in the November 5, 1985 election in Harrison Township, Vinton County, Ohio. A protest was filed against relator's candidacy alleging that he was not a resident of Harrison Township but was now living in Ross County.
A hearing on the protest was held before the Vinton County Board of Elections ("board") on September 9, 1985. At the hearing, evidence in support of the protest was presented that relator had purchased a store and attached house in Liberty Township, Ross County, Ohio in January 1985. From January to March or April 1985, relator still lived at the Harrison Township address but went back and forth between addresses while he was working on his new store and home. In March or April 1985, he moved his furniture to the Liberty Township address. At about that time, his son transferred to the Ross County school system from the Vinton County school he had been attending. Relator placed his Harrison Township house up for sale and rented it to tenants.
On September 11, 1985, the board issued its decision finding that relator was not a resident of Harrison Township, Vinton County; declaring his petition invalid; and refusing to place his name on the ballot as a candidate for Harrison Township Trustee in the November 5 election.
Relator then filed this original action in mandamus against the board, its director, chairman, and all of its members, alleging that the September 11 decision of the board was an abuse of discretion and contrary to law. He seeks the issuance of a writ to vacate the September 11 decision and compel respondents to place his name on the ballot in the November 5 election as a candidate for Harrison Township Trustee.
Jeffrey L. Simmons, for relator.
John G. Gosling, prosecuting attorney, for respondents.
A candidate for township trustee must be a resident of the township where he seeks office. R.C. 503.24, 503.241 and 3503.01.
R.C. 3503.02 sets forth the rules for determining residence and provides in part:
"(A) That place shall be considered the residence of a person in which his habitation is fixed and to which, whenever he is absent, he has the intention of returning.
"(B) A person shall not be considered to have lost his residence who leaves his home and goes into another state or county of this state, for temporary purposes only, with the intention of returning.
"(C) A person shall not be considered to have gained a residence in any county of this state into which he comes for temporary purposes only, without the intention of making such county his permanent place of abode. * * *"
"Ordinarily a decision of a board of elections is final and will be reviewed by this court only to ascertain whether it is tainted with fraud or corruption or resulted from an abuse of discretion or a clear disregard of the applicable law. Sullivan v. State (1932), 125 Ohio St. 387; Pierce v. Brushart [(1950), 153 Ohio St. 372 (41 O.O. 398)] * * *." State, ex rel. Morrison, v. Bd. of Elections (1980), 63 Ohio St.2d 336, 338-339 [17 O.O.3d 420].
Our review of the record demonstrates ample evidence to support the board's conclusion that relator had no intention of returning to his Harrison Township address. Evidence that relator rented his Harrison Township property out to tenants, listed it with a realtor for sale, and moved to the Liberty Township address supports the board's determination.
Relator has not demonstrated any abuse of discretion on the part of respondents.
Accordingly, the writ is denied.
Writ denied.
CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.