State ex rel. Williams v. Sulligan

Per Curiam.

This is an action in mandamus to compel the respondent board of elections to place relator’s name on the November 4, 1969, ballot as a candidate for the Youngstown board of education. A demurrer has been filed to the petition.

The petition shows on its face that on some of the part-petitions filed by relator the circulators’ affidavits were notarized by the candidate. This rendered those part-petitions invalid. State, ex rel. Reed, v. Malrick, 165 Ohio St. 483; State, ex rel. Allen, v. Board of Elections, 370 Ohio St. 19. With these part-petitions invalidated relator lacked the required number of signatures and the board has no duty to place his name on the ballot.

The demurrer to the petition is sustained and a writ of mandamus is denied.

Writ denied.

Taet, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.