State ex rel. Walker v. LaRose (Slip Opinion) , 2021 Ohio 825 ( 2021 )


Menu:
  • [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State
    ex rel. Walker v. LaRose, Slip Opinion No. 
    2021-Ohio-825
    .]
    NOTICE
    This slip opinion is subject to formal revision before it is published in an
    advance sheet of the Ohio Official Reports. Readers are requested to
    promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65
    South Front Street, Columbus, Ohio 43215, of any typographical or other
    formal errors in the opinion, in order that corrections may be made before
    the opinion is published.
    SLIP OPINION NO. 
    2021-OHIO-825
    THE STATE EX REL. WALKER ET AL. v. LAROSE, SECY., ET AL.
    [Until this opinion appears in the Ohio Official Reports advance sheets, it
    may be cited as State ex rel. Walker v. LaRose, Slip Opinion No.
    
    2021-Ohio-825
    .]
    Elections—Mandamus—Writ of mandamus sought to compel secretary of state,
    county board of elections, and city to change ballot language of a local
    issue on the May 4, 2021 primary-election ballot or to strike issue from the
    ballot entirely—Secretary of state and city not proper respondents for relief
    sought—Board of elections did not abuse its discretion or disregard
    applicable law in approving ballot language for local issue under R.C.
    3505.06—Writ denied.
    (No. 2021-0264—Submitted March 12, 2021—Decided March 17, 2021.)
    IN MANDAMUS.
    __________________
    Per Curiam.
    SUPREME COURT OF OHIO
    {¶ 1} In this expedited election case, relators, Patricia A. Walker and Ralph
    E. Jocke, seek a writ of mandamus compelling respondents, Ohio Secretary of State
    Frank LaRose, the Medina County Board of Elections (the “board”), and the city
    of Medina (the “city”), to change the ballot language of a local issue on the May 4,
    2021 primary-election ballot. Alternatively, relators seek a writ of mandamus
    ordering respondents to strike the issue from the ballot entirely.
    {¶ 2} We deny the writ. Neither the secretary of state nor the city is a proper
    respondent for the relief relators seek. And the board did not abuse its discretion
    or disregard applicable law in approving the ballot language challenged by relators.
    I. Background
    {¶ 3} This case arises out of the city’s efforts to move the Medina Municipal
    Court to the Medina County courthouse building and citizen opposition to those
    efforts.
    {¶ 4} The Medina County courthouse consists of an original building
    constructed in 1841, several additions constructed starting in 1873, and an
    expansion constructed in 1969. In 2019, the city passed an ordinance authorizing
    city funds to be used for a joint courthouse project with Medina County. The city
    and county had agreed to design, plan, and build a courthouse that would house the
    Medina Municipal Court and the Medina County Court of Common Pleas.
    {¶ 5} Walker states in her affidavit that she formed the Save Your
    Courthouse Committee (the “committee”) in 2019 due to residents’ concerns that
    the joint courthouse project would demolish part of the 1841 courthouse structure
    and all of the 1969 portion. Relators further contend that many of the city’s
    residents have urged the city to expand the Medina Municipal Court at its present
    location instead of moving it to the Medina County courthouse.
    {¶ 6} After the committee unsuccessfully sought to place a courthouse
    initiative on the November 2019 election ballot, see State ex rel. Save Your
    Courthouse Commt. v. Medina, 
    157 Ohio St.3d 423
    , 
    2019-Ohio-3737
    , 
    137 N.E.3d 2
    January Term, 2021
    1118, relators and the committee successfully placed a nearly identical initiative on
    the November 3, 2020 ballot. The initiative submitted to the city’s electors stated:
    Without a majority vote of the qualified electors who are
    residents of the City of Medina, Ohio, (“the City”), the City shall
    not:
    1) authorize, appropriate or spend any funds for, or
    2) use any city resources to carry out, or facilitate carrying
    out, any demolition or construction activity (whether internal or
    external) at the Medina County Courthouse or any structure located
    on the east side of the Medina Public Square including, but not
    limited to, 72 through 99 Public Square, Medina, Ohio.
    This restriction shall have the effect of law and shall be
    effective for a period of five (5) years.
    The initiative (sometimes referred to as “Issue 7”) passed with 62 percent of the
    vote.
    {¶ 7} Despite the passage of the initiative, the city moved forward with the
    courthouse project. On December 30, 2020, the Medina City Council held a special
    meeting to consider Ordinance No. 222-20, which proposed for submission to the
    city’s electors a request to approve relocation of the municipal court to the 1969
    courthouse. The issue approved by the city council stated:
    The City of Medina, Ohio, is authorized to appropriate and
    expend funds and use city resources to locate the Medina Municipal
    Court inside of the Medina County 1969 courthouse located at 93
    Public Square so as to preserve the 1969 courthouse as a court
    building located on the east side of Medina Public Square.
    3
    SUPREME COURT OF OHIO
    The city council passed Ordinance No. 222-20 at the December 30 special meeting.
    The ordinance also provided that the issue would be submitted to city electors at a
    special election, appearing on the May 4, 2021 primary-election ballot.
    {¶ 8} The city filed Ordinance No. 222-20 with the board on January 26,
    2021, requesting placement on the May 4 ballot. The board prepared ballot
    language for the proposed ordinance and transmitted the ballot language to the
    secretary of state’s office on February 3 for approval under R.C. 3501.05(J). The
    secretary’s office approved the ballot language on February 17. The language
    reads:
    Proposed Ordinance
    City of Medina
    Ordinance No. 222-20
    A majority affirmative vote is necessary for passage.
    Shall the City of Medina, Ohio, be authorized to appropriate
    and expend funds and use city resources to locate the Medina
    Municipal Court inside of the Medina County 1969 courthouse
    located at 93 Public Square so as to preserve the 1969 courthouse as
    a court building on the east side of Medina Public Square?
    O YES
    O NO
    (Boldface sic.)
    {¶ 9} Prior to the secretary of state’s approval of the ballot language,
    relators filed a letter with the board on February 12, stating their position that
    Ordinance No. 222-20 required more than a majority affirmative vote for passage
    at the May 4 election. Relying on the language of the courthouse initiative passed
    4
    January Term, 2021
    in November, relators contended that the ordinance required “a majority vote of all
    of the people who live in Medina City and who are qualified to vote in the [May 4,
    2021] Primary in order to pass.” Relators presented the same argument at a board
    meeting on February 16. When the board declined to change the language relating
    to the number of votes required for passage of Ordinance No. 222-20, relators filed
    a protest with the board on February 19, reiterating their objection to the language
    approved for the ballot. In their protest, relators proposed that the following
    language be approved:
    The City of Medina, Ohio is authorized to appropriate and
    expend funds and use City resources to locate the Medina Municipal
    Court inside of the Medina County 1969 Courthouse located at 93
    Public Square. This partially overrules Issue 7 that was passed on
    November 3, 2020. A majority of the qualified electors who are
    residents of the City of Medina, Ohio is necessary for passage.
    The board sent relators’ protest to the secretary of state but took no other action on
    it. The language for Ordinance No. 222-20 on the May 4 election ballot remains
    the same as that approved by the board on February 3 and the secretary on February
    17.
    {¶ 10} Relators filed this action on February 26, seeking a writ of
    mandamus to compel respondents to amend the ballot language for Ordinance No.
    222-20 as relators requested. Relators argue that (1) the approved ballot language
    inaccurately states that only a majority affirmative vote is required for passage and
    (2) the ballot language should be amended as they request because the approved
    language is unlawfully persuasive and contains no title for the proposed ordinance.
    In the alternative, relators request a writ of mandamus directing respondents to
    remove Ordinance No. 222-20 from the May 4 ballot because the ballot measure
    5
    SUPREME COURT OF OHIO
    did not include a title when it was filed with the board. We set an expedited
    schedule for respondents to answer and for the parties to file their evidence and
    briefs. ___ Ohio St.3d ___, 
    2021-Ohio-555
    , ___ N.E.3d ____. The parties have
    submitted their evidence and have fully briefed this matter for our decision.
    II. Analysis
    {¶ 11} To be entitled to a writ of mandamus, relators must establish by clear
    and convincing evidence that (1) they have a clear legal right to the requested relief,
    (2) respondents have a clear legal duty to provide it, and (3) relators do not have an
    adequate remedy in the ordinary course of law. State ex rel. Linnabary v. Husted,
    
    138 Ohio St.3d 535
    , 
    2014-Ohio-1417
    , 
    8 N.E.3d 940
    , ¶ 13.               Because of the
    proximity of the May 4 election, relators lack an adequate remedy in the ordinary
    course of law. State ex rel. Voters First v. Ohio Ballot Bd., 
    133 Ohio St.3d 257
    ,
    
    2012-Ohio-4149
    , 
    978 N.E.2d 119
    , ¶ 22.
    {¶ 12} For the remaining requirements of a clear legal right and a clear legal
    duty, in the absence of any evidence of fraud or corruption, the dispositive issue is
    whether respondents abused their discretion or clearly disregarded applicable law
    in adopting the ballot language at issue and in allowing the ordinance to be
    submitted to the Medina electors. See id. at ¶ 23. Relators do not allege fraud or
    corruption in this case.
    A. Mandamus Claims Against the Secretary of State
    {¶ 13} In neither their complaint nor their merit brief do relators cite a
    statute imposing a duty on the secretary of state to amend ballot language for a local
    issue or to strike such an issue from the ballot entirely. Though the secretary
    acknowledges that R.C. 3501.05(J) directs him to “give final approval to ballot
    language for any local question or issue approved and transmitted by boards of
    elections,” he argues that his only role for local issues under R.C. 3501.05(J) is to
    review and approve ballot language as to form. See State ex rel. Perry Twp. Bd. of
    Trustees v. Husted, 
    154 Ohio St.3d 174
    , 
    2018-Ohio-3830
    , 
    112 N.E.3d 889
    , ¶ 15.
    6
    January Term, 2021
    The secretary complied with that duty in this case and relators do not argue that
    R.C. 3501.05(J) imposes any further duty upon the secretary to review Ordinance
    No. 222-20 for content. Accordingly, relators’ requested relief is not proper against
    the secretary. See State ex rel. Cincinnati for Pension Reform v. Hamilton Cty. Bd.
    of Elections, 
    137 Ohio St.3d 45
    , 
    2013-Ohio-4489
    , 
    997 N.E.2d 509
    , ¶ 85.
    {¶ 14} Rather than dispute that R.C. 3501.05(J) empowers the secretary of
    state to review local ballot issues only for form and not for content, relators in their
    reply brief cite R.C. 3505.01 and 3501.11(V) as the sources of the secretary’s duty
    to revise the ballot language. We need not address these arguments, as they were
    raised for the first time in a reply brief. See State ex rel. Murray v. Scioto Cty. Bd.
    of Elections, 
    127 Ohio St.3d 280
    , 
    2010-Ohio-5846
    , 
    939 N.E.2d 157
    , ¶ 58. In any
    event, relators do not explain how these statutes support a duty on the part of the
    secretary to amend the ballot language in the manner they seek.
    B. Mandamus Claims Against the City
    {¶ 15} As to the city, relators contend that (1) the city’s submission of
    Ordinance No. 222-20 for a special election was legally improper, (2) the city
    enacted improper persuasive language in the ordinance, and (3) the city failed to
    include a title in the version of the ordinance submitted to the board. Relators’
    contention that the city’s submission of Ordinance No. 222-20 for the ballot is
    invalid does not, however, inform the issue whether they may obtain a writ of
    mandamus ordering the city to perform the acts requested. Relators cite no statute
    stating that the city has the power, much less a duty, to amend board-approved
    ballot language or to remove an issue from the ballot.
    C. Mandamus Claims Against the Board
    {¶ 16} Under R.C. 3501.11(V), the board has a duty to “[g]ive approval to
    ballot language for any local question or issue.” Further informing the board’s duty
    in this regard is R.C. 3505.06(D), which provides:
    7
    SUPREME COURT OF OHIO
    The printed matter pertaining to each question or issue on
    the ballot shall be enclosed at the top and bottom thereof by a heavy
    horizontal line across the width of the ballot. Immediately below
    such top line shall be printed a brief title descriptive of the question
    or issue below it, such as “Proposed Constitutional Amendment,”
    “Proposed Bond Issue,” “Proposed Annexation of Territory,”
    “Proposed Increase in Tax Rate,” or such other brief title as will be
    descriptive of the question or issue to which it pertains, together with
    a brief statement of the percentage of affirmative votes necessary for
    passage, such as “A sixty-five per cent affirmative vote is necessary
    for passage,” “A majority vote is necessary for passage,” or such
    other brief statement as will be descriptive of the percentage of
    affirmative votes required.
    This court has recognized mandamus as an appropriate remedy to compel a board
    of elections to amend ballot language to comply with R.C. 3505.06. Cincinnati for
    Pension Reform, 
    137 Ohio St.3d 45
    , 
    2013-Ohio-4489
    , 
    997 N.E.2d 509
    , at ¶ 20, 68.
    1. Percentage of votes necessary for passage
    {¶ 17} Relators argue that the board’s approved ballot language for
    Ordinance No. 222-20 is invalid because it incorrectly states: “A majority
    affirmative vote is necessary for passage.” (Boldface sic.) Relators argue that
    this language is inconsistent with the initiative passed by city electors in November
    2020, which prohibits the city from authorizing, appropriating, or spending funds
    or using city resources to facilitate demolition or construction at the Medina County
    Courthouse for a five-year period, without “a majority vote of the qualified electors
    who are residents of the City of Medina.” (Emphasis added.)
    {¶ 18} Respondents do not dispute that passage of Ordinance No. 222-20
    would authorize the expenditure of city funds and resources for “demolition or
    8
    January Term, 2021
    construction activity” at the Medina County courthouse. Therefore, because of the
    “majority vote of the qualified electors” language in the voter-approved initiative,
    relators contend that passage of Ordinance No. 222-20 requires an affirmative vote
    of a majority of all qualified electors of the city, including electors who do not vote
    on the issue at the May 4 election.
    {¶ 19} The parties do not cite a case in which this court has decided what
    the term “majority vote of the qualified electors” means in a context like this one.
    But in Rike v. Floyd, 
    3 Ohio C.D. 359
    , 378, 
    6 Ohio C.C. 80
     (1891), aff’d without
    opinion, 
    53 Ohio St. 653
    , 
    44 N.E. 1136
     (1895), an Ohio circuit court of appeals
    decided a dispute relating to the meaning of the phrase “two-thirds of the members
    of the whole society,” as used in a church’s constitution. Relying on cases
    interpreting election laws from other states, the court of appeals held that the phrase
    meant “two-thirds of those members who vote.” 
    Id.,
     citing Carroll Cty. Bd. of
    Supervisors v. Smith, 
    111 U.S. 556
    , 
    4 S.Ct. 539
    , 
    28 L.Ed. 517
     (1884), and Walker
    v. Oswald, 
    68 Md. 146
    , 
    11 A. 711
     (1887).
    {¶ 20} Rike is consistent with cases outside of Ohio in which courts have
    interpreted language similar to what is at issue here to mean that a majority of votes
    actually cast is sufficient for passage of a ballot measure. In Carroll Cty., the
    United States Supreme Court interpreted a Mississippi constitutional provision that
    required “assent of two-thirds of the qualified voters of [a] county” to approve
    issuance of municipal railroad bonds. Id. at 561. Similar to relators here, the
    appellants in Carroll Cty. argued that the “qualified voters” referred to in the
    Mississippi Constitution meant “those who have been determined by the registrars
    to have the requisite qualifications of electors * * * and not merely two-thirds of
    such actually voting at an election for that purpose.” Id. Rejecting the argument,
    the Supreme Court held:
    9
    SUPREME COURT OF OHIO
    The number and qualification of voters at such an election, is
    determinable by its result, as canvassed, ascertained and declared by
    the officers appointed to that duty, or as subsequently corrected by
    a contest or scrutiny in a direct proceeding, authorized and instituted
    for that purpose; it cannot be contested in any collateral proceeding,
    either by inquiry as to the truth of the return, or by proof of votes
    not cast, to be counted as cast against the proposition, unless the law
    clearly so requires. * * * The assent of two-thirds of the qualified
    voters of the county, at an election lawfully held for that purpose, to
    a proposed issue of municipal bonds, intended by that instrument,
    meant the vote of two-thirds of the qualified voters present and
    voting at such election in its favor, as determined by the official
    return of the result. The words “qualified voters” * * * must be
    taken to mean not those qualified and entitled to vote, but those
    qualified and actually voting. In that connection a voter is one who
    votes, not one who, although qualified to vote, does not vote.
    (Emphasis added.) Id. at 565. More than 50 years later, the Supreme Court likewise
    noted that election laws providing for approval by a specified majority of an
    electorate are generally construed to require only the consent of the specified
    majority of those participating in the election. Virginian Ry. Co. v. Sys. Fedn. No.
    40, 
    300 U.S. 515
    , 560, 
    57 S.Ct. 592
    , 
    81 L.Ed. 789
     (1937). “Those who do not
    participate ‘are presumed to assent to the expressed will of the majority of those
    voting.’ ” 
    Id.,
     quoting Cass Cty. v. Johnston, 
    95 U.S. 360
    , 369, 
    24 L.Ed. 416
    (1877).
    {¶ 21} Federal district courts considering the issue have followed suit. In
    Euwema v. Todman, 
    323 F.Supp. 167
     (D.V.I.1971), a Virgin Islands law authorized
    the legislature to lower the legal voting age to 18 years old “if a majority of the
    10
    January Term, 2021
    qualified voters in the Virgin Islands approve in a referendum election held for that
    purpose.” Id. at 169. In litigation to determine the results of a referendum on the
    issue, the court adopted the view that the majority of “qualified voters” meant the
    majority of the qualified voters who actually voted. Id. at 171. “To hold otherwise
    would be to permit an indifferent minority to prevent a determination of issues and
    thus impede or totally obstruct vital governmental processes and interests.” Id.
    Accord Alaska Native Assn. of Oregon v. Morton, 
    417 F.Supp. 459
    , 467-468
    (D.D.C.1974) (interpreting “a majority of all eligible Natives” as used in a federal
    statute to mean a majority of those who voted on the issue).
    {¶ 22} Courts of our sister states have decided the issue in the same manner.
    For example, in Munce v. O’Hara, 
    340 Pa. 209
    , 
    16 A.2d 532
     (1940), a statutory
    provision allowed any county, city, borough, or township to discontinue the use of
    voting machines if a proposition was approved “by a majority vote of its qualified
    electors cast at any general election.” 
    Id. at 210
    . The Pennsylvania Supreme Court
    rejected the argument that the statute required a majority vote of all qualified
    electors. “[T]he practical working of the elective system necessarily requires that
    those who abstain from voting be considered as acquiescing in the result declared
    by a majority of those who exercise the suffrage.” Id.; see also Wilcox v. Bd. of
    Commrs. of Sinking Fund of Detroit, 
    262 Mich. 699
    , 705, 
    247 N.W. 923
     (1933) (“it
    is contrary to our system of government to count electors on a question who are not
    sufficiently interested to vote”). Accordingly, the court in Munce adhered to the
    rule that “where a statute provides for a vote of ‘a majority of the voters,’ ‘a
    majority of the legal voters,’ ‘a majority of the qualified voters,’ etc., all that is
    required is a majority of those actually voting, unless a contrary legislative intention
    and purpose is very clearly expressed.” Munce at 211; see also Chapel v. Allen,
    
    334 Mich. 176
    , 180-181, 
    54 N.W.2d 209
     (1952); Cashman v. Entwistle, 
    213 Mass. 153
    , 155-156, 
    100 N.E. 58
     (1912).
    11
    SUPREME COURT OF OHIO
    {¶ 23} Relators do not offer an argument to discredit or distinguish the
    foregoing line of case law, much less cite any contrary authority. Relators rely on
    R.C. 3519.21, which states that all issues submitted to the electors are approved by
    an affirmative vote of a majority of votes cast “[e]xcept as otherwise provided by
    law,” and argue that the November 2020 initiative is a law that provides that more
    than a simple majority of votes cast is required for passage of Ordinance No. 222-
    20. But under the weight of authority discussed above, language stating “a majority
    vote of the qualified electors” is not enough to depart from the general rule that a
    simple majority of votes cast is all that is required for passage of a ballot issue. For
    relators’ argument to hold sway, there must be a “very clearly expressed” legislative
    intention that a greater number of affirmative votes is required. Munce at 211.
    {¶ 24} In their reply brief, relators argue for the first time that the different
    statutory definitions of “qualified elector” and “voter” in R.C. 3501.01 support their
    position. R.C. 3501.01(N) defines “qualified elector” as “a person having the
    qualifications provided by law to be entitled to vote” while R.C. 3501.01(O) defines
    “voter” as “an elector who votes at an election.” Relators argue that this difference
    is significant in determining the meaning of “a majority vote of the qualified
    electors,” as used in the November 2020 initiative.           However, as we noted
    previously, we need not consider an argument raised for the first time in a reply
    brief. Murray, 
    127 Ohio St.3d 280
    , 
    2010-Ohio-5846
    , 
    939 N.E.2d 157
    , at ¶ 58.
    {¶ 25} Under these circumstances, the board’s decision to adhere to the
    general rule requiring a majority affirmative vote to be sufficient for passage was
    not an abuse of discretion or in clear disregard of applicable law.
    2. Relators’ proposed amendments to the ballot language
    {¶ 26} Relators also argue that the board abused its discretion and
    disregarded applicable law by allowing ballot language that was inappropriately
    persuasive and misleading. Informing the inquiry on this issue is R.C. 3505.06(E),
    which provides:
    12
    January Term, 2021
    The questions and issues ballot need not contain the full text
    of the proposal to be voted upon. A condensed text that will
    properly describe the question, issue, or an amendment proposed by
    other than the general assembly shall be used as prepared and
    certified by the secretary of state for state-wide questions or issues
    or by the board [of elections] for local questions or issues. If other
    than a full text is used, the full text of the proposed question, issue,
    or amendment together with the percentage of affirmative votes
    necessary for passage as required by law shall be posted in each
    polling place in some spot that is easily accessible to the voters.
    {¶ 27} Relators complain that the phrase “so as to preserve the 1969
    courthouse as a court building” is misleading because the 1969 portion of the
    courthouse is not in jeopardy of being used for any other purpose. Relators further
    contend that the phrase is designed to appeal to preservationist voters and is
    therefore unlawfully persuasive language. Relators also argue that the board should
    be compelled to add the “informational language” they have proposed.
    {¶ 28} R.C. 3505.06(E) does not provide a basis for the mandamus relief
    relators seek. The statute allows the board to place a summary of an issue—a
    “condensed text”—on the ballot in lieu of the issue’s full text. When a board of
    elections prepares a condensed text, it must not adopt language that is “in the nature
    of a persuasive argument in favor of or against the issue.” Beck v. Cincinnati, 
    162 Ohio St. 473
    , 474-475, 
    124 N.E.2d 120
     (1955); see also State ex rel. Kilby v.
    Summit Cty. Bd. of Elections, 
    133 Ohio St.3d 184
    , 
    2012-Ohio-4310
    , 
    977 N.E.2d 590
    , ¶ 19. In this case, however, the board has not drafted a summary of Ordinance
    No. 222-20 for the ballot in lieu of the full text. And relators have cited no case
    standing for the proposition that the board must amend allegedly persuasive and
    13
    SUPREME COURT OF OHIO
    misleading language when the full text of an issue is placed on the ballot. The
    board therefore did not abuse its discretion or disregard applicable law in approving
    the ballot language.
    3. Title of the proposed ordinance
    {¶ 29} Likewise unpersuasive is relators’ claim that the approved ballot
    language for Ordinance No. 222-20 lacks a valid title. R.C. 3505.06(D) requires
    only a “brief title descriptive of the question or issue below it” and provides
    examples that would suffice, “such as ‘Proposed Constitutional Amendment,’
    ‘Proposed Bond Issue,’ ‘Proposed Annexation of Territory,’ [or] ‘Proposed
    Increase in Tax Rate.’ ” The language approved by the board in this case contains
    the title, “Proposed Ordinance City of Medina Ordinance No. 222-20.”
    (Boldface sic.) By the statute’s plain terms, nothing more is required for the title
    to comply with R.C. 3505.06(D).
    {¶ 30} Relators rely on State ex rel. Esch v. Lake Cty. Bd. of Elections, 
    61 Ohio St.3d 595
    , 
    575 N.E.2d 835
     (1991), for the proposition that the city’s version
    of Ordinance No. 222-20 submitted to the board was invalid because it did not
    include a title. Esch, however, is inapposite. That case involved an initiative
    petition that was circulated without a title for the proposed ordinance, as required
    by R.C. 731.31. Id. at 597. R.C. 731.31 applies to initiative petitions circulated for
    signatures; it does not apply to the ballot measure submitted by the city in this case.
    III. Conclusion
    {¶ 31} Relators have failed to show that the secretary of state and the city
    are proper respondents for the relief they seek. And they have further failed to show
    that the board abused its discretion or disregarded applicable law in approving the
    ballot language for Ordinance No. 222-20. We therefore deny the writ.
    Writ denied.
    O’CONNOR, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, and
    BRUNNER, JJ., concur.
    14
    January Term, 2021
    KENNEDY, J., not participating.
    _________________
    Walker & Jocke Co., L.P.A., Patricia A. Walker, and Ralph E. Jocke, for
    relators.
    Dave Yost, Attorney General, and Heather L. Buchanan and Caitlyn
    Nestleroth Johnson, Assistant Attorneys General, for respondent Secretary of State
    Frank LaRose.
    Baker, Dublikar, Beck, Wiley & Mathews, Tonya J. Rogers, James F.
    Mathews, and Gregory A. Beck; and Gregory A. Huber, Medina Law Director, for
    respondent city of Medina.
    S. Forrest Thompson, Medina County Prosecuting Attorney, and Michael
    K. Lyons and Samuel A. Sheffield, Assistant Prosecuting Attorneys, for respondent
    Medina County Board of Elections.
    _________________
    15