The Resolution of Election Disputes: Legal Principles that Control Election Challenges
463 N.E.2d 115
11 Ohio Misc.2d 7, 463 N.E.2d 115, 11 O.B.R. 101
(Cite as: 11 Ohio Misc.2d 7, 463 N.E.2d 115)
a showing of a lesser number of disenfranchisements, the inference would have to be based on a solid, affirmative
showing of patterns of irregularities. In this case, a total of
approximately thirteen voters have been deemed by the
court, without deciding the issue, as disenfranchised. Even
in the case of these thirteen people, persuasive arguments
can be made against disenfranchisement.
[14] Petitioner concedes that he has not proven disenfranchisement of sixty-two or more specifically named voters.
Petitioner has also failed to present adequate affirmative
evidence of a pattern of irregularities in the election in question. Possibilities as to irregularities have been advanced,
but not pursued by the presentation of individual voters
whose names and addresses are, in some cases, readily
available, and, in other cases, discoverable. Every reasonable inference is required in law to be made in favor of the
validity of an election. These inferences have simply not
been met or overcome by petitioner.
For the foregoing reasons, the court finds that the election of
defendant Sally Fellerhoff to the Cincinnati City Council
was valid and proper.
Judgment accordingly.
11 Ohio Misc.2d 7, 463 N.E.2d 115, 11 O.B.R. 101
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© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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