Opinion
Nos. 38742, 38743 and 38744
Decided April 9, 1964.
Elections — Prohibition to prevent placing candidates' names on ballot — Dilatoriness in prosecuting action — Dismissal sua sponte.
IN PROHIBITION.
On February 5, 1964, certain persons filed with the Franklin County Board of Elections their several declarations of candidacy and petitions for the office of member of the Democratic County Central Committee, such office to be filled at the May 5, 1964, primary election. Protests were filed on February 15, 1964.
On February 24, 1964, the respondent, after conducting a hearing on the protests, ruled that the protests were not well made, and that the petitions in question were valid.
Petitions in prohibition in the three instant cases were filed in this court on March 28, 1964, 33 days after the ruling of respondent, seeking writs prohibiting respondent from affixing the names of such candidates to the voting machines and from counting absent-voter ballots cast for any such candidates.
Mr. John S. Bowers, for relators.
Mr. Earl W. Allison, Jr., prosecuting attorney, for respondent.
For the lack of diligence on the part of relators, the petitions are dismissed sua sponte on authority of State, ex rel. Winterfeld, v. Board of Elections of Lucas County, 167 Ohio St. 531; State, ex rel. Peirce, v. Board of Elections of Stark County, 168 Ohio St. 249; State, ex rel. Schwartz, v. Brown, SEcy. of State (this day decided), 176 Ohio St. 91.
Petitions dismissed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.