564 N.E.2d 495-504Supreme Court of Ohio.
1990.
MOTION DOCKET Monday, November 19, 1990 90-2256. State, ex rel. Bennett, v. Boards of Elections of the Counties of Ohio. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration thereof, IT IS ORDERED by the court, sua sponte, that, pursuant to the authority of Barton v. Shupe (1988), 37 Ohio St.3d 308, 525 N.E.2d 812, the Secretary of State, Sherrod Brown, is hereby joined as a party to this cause.
IT IS FURTHER ORDERED that, until further order of this court, the respondent county boards of elections and the Secretary of State immediately cease and refrain from counting “walk in” ballots that were cast under Am. Sub. H.B. 237 (R.C. 3503.11[E][1][b]) and all absent voter ballots that were cast pursuant to R.C. Chapter 3509 in the general election held on November 6, 1990.
IT IS FURTHER ORDERED that the Secretary of State instruct all county
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boards of elections to cease and refrain from counting “walk in” ballots that were cast under Am. Sub. H.B. 237 (R.C. 3503.11[E][1][b]) and all absent voter ballots that were cast pursuant to R.C. Chapter 3509 in the general election held on November 6, 1990, until further order of this court.
IT IS FURTHER ORDERED that a hearing on this cause shall be held today before the court at 11:30 a.m., and that notice of this hearing and an opportunity to be heard shall be given to relator, to the Secretary of State (on his own behalf and on behalf of the respondents), and to candidate Lee Fisher.