Mirlisena v. Fellerhoff 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) Court of Common Pleas of Ohio, Hamilton County. MIRLISENA v. FELLERHOFF et al. [FN*] FN* No appeal has been taken from the decision of the court. No. A-83-09561. Jan. 4, 1984. Losing candidate brought action to contest results of city councilmanic election. The Court of Common Pleas, Hamilton County, Crush, J., held that candidate failed to meet his burden of proving that alleged irregularities in election procedures were of such magnitude and affected sufficient votes to warrant judicial interference with election results. Election held valid. West Headnotes [1] Action 6 13k6 Most Cited Cases Any irregularities complained of in action contesting results of election were mooted unless they were significant enough to have rendered results of election uncertain. [2] Elections 227(1) 144k227(1) Most Cited Cases [2] Elections 229 144k229 Most Cited Cases In election contest, acceptance of votes illegally cast and denial of right to vote to qualified voters are equally irregularities which might serve to void election. [3] Elections 298(1) 144k298(1) Most Cited Cases In election contest, court need not look behind votes illegally rejected to determine for which candidate voter would have voted. [4] Elections 291 Page 1 144k291 Most Cited Cases Although it is generally necessary for contestor in election contest to prove that irregularities would have changed result of election, it is not always necessary to show precise number of irregularities. [5] Elections 203 144k203 Most Cited Cases Requirements pertaining to change of polling place are mandatory before election, directory thereafter. R.C. § 3501.18. [6] Elections 203 144k203 Most Cited Cases Choice of polling place by board of elections will not be disturbed by court unless it is so arbitrary, unreasonable, and capricious as to constitute plain abuse of discretion. R.C. § 3501.18. [7] Constitutional Law 70.1(12) 92k70.1(12) Most Cited Cases Court must be ever mindful in election contest that it has been delegated responsibility in basically political matter and is not free to create criteria that may, in its opinion, be more suitable than those legislature has established. [8] Elections 203 144k203 Most Cited Cases Board of elections did not abuse its discretion in changing polling place for councilmanic election from its original location, where original location became unavailable, and new place selected was reasonably calculated to be located relatively midway up hill on which precinct was located. R.C. §§ 3501.18, 3501.29(B). [9] Elections 101 144k101 Most Cited Cases Registration officials are public officers; they are generally regarded as agents of state and not of political party designating them or of applicant for registration. [10] Elections 295(1) 144k295(1) Most Cited Cases Circumstantial evidence may be used to decide election contests. [11] Elections 291 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 333