State ex rel. Hawkins v. Pickaway County Board of Elections
Docket: No. 96-351
Court: Ohio Supreme Court; February 26, 1996; Ohio; State Supreme Court
The court is considering whether to dismiss a case or issue a writ regarding Hawkins's eligibility to be on the March 19 ballot. A writ of mandamus will be granted if the board of elections acted with fraud, corruption, or abuse of discretion. Hawkins claims the board abused its discretion by finding he did not meet the requirements outlined in R.C. 311.01 for sheriff candidates, specifically the requirement of having at least five years of full-time law enforcement experience and two years of supervisory experience. The statute emphasizes legislative intent, which is determined by the language and purpose of the law. The relevant requirement states that candidates must have at least two years of supervisory experience or its equivalent. The terms "supervisor" and "experience" are defined broadly, allowing for interpretation that does not strictly require a formal supervisory title. Evidence presented indicates that Hawkins did fulfill supervisory roles in various capacities, despite not holding an official supervisory title. Testimonies from co-workers support that he directed others' actions. The board's challenge to Hawkins's eligibility relies on the absence of a formal rank; however, the law does not stipulate that the supervisory experience must be full-time. The court notes that if the legislature had intended for the supervisory experience to be full-time, it would have specified this in the statute, as it did for other requirements. Hawkins met the R.C. 311.01(B)(9) requirement of having 'two years of supervisory experience or its equivalent,' yet the board abused its discretion by disregarding this when sustaining the protests against his candidacy. The Buckeye State Sheriffs Association failed to present compelling evidence to counter Hawkins' qualifications. He lacks an adequate remedy to address the board's decision and is thus entitled to a writ of mandamus to compel the board to certify his candidacy for the Republican nomination for Pickaway County Sheriff and to place his name on the March 19 primary election ballot. The court finds it unnecessary to address Hawkins’ alternative claim regarding the constitutionality of R.C. 311.01(B) since the Secretary of State was only implicated in that claim, leading to the dismissal of the claim against him. The court grants the writ of mandamus for Hawkins’ placement on the ballot while dismissing the constitutional claim. Concurring opinions were expressed by Moyer, C.J., Douglas, Wright, F.E. Sweeney, and Pfeifer, JJ., while Resnick and Cook, JJ., dissented.