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State ex rel. Macko v. Monzula

The State, ex rel. Macko v. Monzula, Clerk

State ex rel. Macko v. Monzula, 356 N.E.2d 493 (Ohio 1976)
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Court
Ohio Supreme Court · State Highest Courts
Decided
October 27, 1976
Docket
No. 76-1068
Judges
Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
Citations
356 N.E.2d 49348 Ohio St. 2d 352 Ohio Op. 3d 1291976 Ohio LEXIS 707

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

E. C. 3501.38(E) prescribes the form for the affidavit of a circulator on petitions presented to a public officer for the purpose of holding an election on any issue. The statute requires that the circulator must state that he witnessed the affixing of every signature, that all signers were to the best of his knowledge and belief qualified to sign, and that every signature is to the best of his knowledge and belief the signature of the person whose signature it purports to be.

*36 The affidavits of the circulators on the petitions -filed September 2, 1976, fail to state that to the best of circu-lator’s knowledge and belief all signers were qualified to sign.

. This court has consistently demanded that the requirements for circulator’s affidavits be strictly complied with. See State, ex rel. Barton, v. Bd. of Elections (1975), 44 Ohio St. 2d 33 .

Accordingly, respondents’ motion for summary judgment is allowed.

Cause dismissed.

O’Neill, C. J., Corrigan, Stern, Celebrezze, W. Brown, and P. Brown, JJ., concur. Herbert, J., concurs in the judgment.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 11982: 11983: 11991: 12003: 12010: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. State ex rel. Murray v. Scioto County Board of Elections2010 Ohio 5846, 939 N.E.2d 157
  2. MacKo v. Byron576 F. Supp. 875 (N.D. Ohio 1983)
  3. State ex rel. Van de Kerkhoff v. Dowling572 N.E.2d 653 (Ohio 1991)
  4. MacKo v. Byron555 F. Supp. 470 (N.D. Ohio 1982)
  5. MacKo v. Bryon641 F.2d 447 (6th Cir. 1981)
  6. State ex rel. Cody v. Stahl, Unpublished Decision (11-20-2003)2003 Ohio 6180 (2003)

Most recent

  1. State ex rel. Murray v. Scioto County Board of Elections2010 Ohio 5846, 939 N.E.2d 157
  2. State ex rel. Cody v. Stahl, Unpublished Decision (11-20-2003)2003 Ohio 6180 (2003)
  3. State ex rel. Van de Kerkhoff v. Dowling572 N.E.2d 653 (Ohio 1991)
  4. MacKo v. Byron576 F. Supp. 875 (N.D. Ohio 1983)
  5. MacKo v. Byron555 F. Supp. 470 (N.D. Ohio 1982)
  6. MacKo v. Bryon641 F.2d 447 (6th Cir. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State ex rel. Barton v. Butler Cnty. Bd. of Elections, 336 N.E.2d 849 (Ohio 1975) 6

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