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13 Ohio St. 2d 29

State ex rel. Gardner v. Smith

Ohio Supreme Court

Decided January 10, 1968

Ohio Supreme Court · decided 1968-01-10

Relies on 12 Ohio St. 2d 5 - State ex rel. Janasik v. Sarosy

Decided 1968-01-10

Per Curiam.

¶1Appellant contends, as his sole question of law, that Section 3501.38, Revised Code, so far as it specifies requirements for the circulator’s affidavit, is not applicable to referenda on wholly municipal questions. But see State, ex rel. Janasik v. Sarosy, 12 Ohio St. 2d 5.

¶2However, at least 1070 valid signatures were required to put appellant’s issue on the ballot. The Court of Appeals found that 104 signatures on the petitions filed were invalid for reasons having nothing to do with the affidavit of the circulator, leaving only 1062 otherwise valid signatures.

¶3Judgment affirmed.

Tapi, C. J., Zimmermah, Matthias, O’Neill, Herbert and SchNeider, JJ., concur.
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