[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as 

State ex rel. Columbus Coalition for Responsive Govt. v. Blevins, Slip Opinion No. 2014-Ohio3745.] 

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. 2014-OHIO-3745 

THE STATE EX REL. COLUMBUS COALITION FOR 

RESPONSIVE GOVERNMENT ET AL., v. BLEVINS.

[Until this opinion appears in the Ohio Official Reports advance sheets, 

it may be cited as State ex rel. Columbus Coalition for Responsive Govt. v. 

Blevins, Slip Opinion No. 2014-Ohio-3745.] 

Elections—Initiative petition for municipal ordinance—R.C. 731.32—Strict 

compliance with requirement to file copy of proposed ordinance with city 

auditor. 

(No. 2014-1337—Submitted August 20, 2014—Decided August 29, 2014.) 

IN MANDAMUS. 

____________________ 

Per Curiam. 

{¶ 1} This is an expedited election action by relators, the Columbus 

Coalition for Responsive Government, Jonathan C. Beard, Willis E. Brown, 

Robert J. Fitrakis, and Suzanne M. Patzer (“the Coalition”), for a writ of 

mandamus to compel Andrea Blevins, the Columbus city clerk, to verify the 
SUPREME COURT OF OHIO

2

signatures on an initiative petition and submit the proposed imitative to city 

council. For the reasons set forth below, we deny the writ. 

Facts

{¶ 2} On April 15, the Coalition filed a certified precirculation copy of a 

proposed initiative ordinance, entitled “The Columbus Fair Campaign Code,” 

with the Columbus city clerk. The clerk’s office accepted and date-stamped the 

filing, and no one informed the Coalition that the precirculation copy had been 

misfiled or that a copy needed to be filed with the city auditor. The Coalition 

began collecting petition signatures and on July 15, 2014, submitted 497 partpetitions to the city clerk. 

{¶ 3} On July 18, 2014, the Coalition received two documents from the 

city. The first was a legal opinion from the Columbus city attorney stating that 

the part-petitions were defective because the Coalition had failed to file a certified 

precirculation copy with the city auditor, as required by R.C. 731.32. The second 

document was a notification from Blevins, the city clerk, advising that, based on 

the city attorney’s legal advice, she would not submit the petition to city council. 

{¶ 4} On August 6, 2014, the Coalition filed an original action in this 

court for a writ of mandamus to compel Blevins to verify the petition signatures 

and submit the petition to city council. Blevins filed an answer, and the parties 

filed briefs in accordance with the schedule governing expedited elections cases 

set forth in S.Ct.Prac.R. 12.08(A)(2). The matter is now ripe for decision. 

Analysis

{¶ 5} R.C. 731.32 provides: “Whoever seeks to propose an ordinance 

* * * in a municipal corporation by initiative petition * * * shall, before 

circulating such petition, file a certified copy of the proposed ordinance or 

measure with the city auditor or the village clerk.” 

{¶ 6} The Columbus city charter is silent on the matter of precirculation 

filing requirements but does set forth postcirculation procedures. Signed part-
January Term, 2014 

3 

petitions must be filed with the city clerk. Columbus City Charter, Section 43. 

The clerk then has ten days to certify the number of signatures and submit the 

proposed ordinance to the city council for consideration at its next regular 

meeting. Id. The charter expressly adopts all general laws of the state applicable 

to municipal corporations that are not in conflict with the terms of the charter. Id.,

Section 232. 

{¶ 7} When a city’s charter is silent on the subject of precirculation 

requirements, as Columbus’s is, then the procedures in R.C. 731.32 apply. State 

ex rel. Julnes v. S. Euclid City Council, 130 Ohio St.3d 6, 2011-Ohio-4485, 955 

N.E.2d 363, ¶ 13. And if a municipality has an auditor, then the proponents of an 

initiative must file a precirculation copy with the auditor, or else they have no 

right to place their initiative on the ballot. State ex rel. Bogart v. Cuyahoga Cty. 

Bd. of Elections, 67 Ohio St.3d 554, 555, 621 N.E.2d 389 (1993). Columbus has 

a city auditor. 

{¶ 8} The Coalition contends that it met its precirculation obligation by 

filing the proposed initiative with the city clerk. According to the Coalition, “the 

clear meaning of R.C. Section 731.32 is that a petition is to be filed with the 

officer of the government unit charged with the responsibility of accepting, 

reviewing and forwarding petitions to the governmental unit’s legislative body for 

further consideration.” In Columbus, according to the Coalition, the most 

appropriate official with whom to file the precirculation copy is the clerk, because 

the city charter assigns postcirculation responsibilities to the clerk and gives the 

auditor no role in the process. 

{¶ 9} This argument overlooks the fact that the city clerk in Bogart had 

the same postcirculation duties as the Columbus city clerk. Nevertheless, we held 

that the precirculation mandate of R.C. 731.32 controlled. 

{¶ 10} R.C. 731.32 requires strict compliance. State ex rel. Barletta v. 

Fersch, 99 Ohio St.3d 295, 2003-Ohio-3629, 791 N.E.2d 452, ¶ 17; see also State 
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ex rel. Mika v. Lemon, 170 Ohio St. 1, 161 N.E.2d 488 (1959), paragraph two of 

the syllabus (holding that absent strict compliance with R.C. 731.32, “no duty 

falls upon the city clerk to receive and file with the board of elections a 

referendum petition otherwise valid”). The Coalition’s position is the opposite of 

strict compliance: it asks us to elevate what the Coalition believes to be the 

General Assembly’s intent over the plain and unambiguous statutory language. 

{¶ 11} The Coalition cites Mika for the proposition that the proper official 

to receive the R.C. 731.32 precirculation submission depends on “who ‘performs 

the duties customarily performed by the officials designated in Section 731.32,’ ” 

quoting Mika at 5. But the reason the court examined the job duties of various 

officials in Mika was that the city of Youngstown did not have a city auditor. 

Mika at 5 (“many cities no longer have city auditors, as is the case with 

Youngstown”). This fact distinguishes the other cases cited by the Coalition. 

See, e.g., Julnes, 130 Ohio St.3d 6, 2011-Ohio-4485, 955 N.E.2d 363, ¶ 17 

(“South Euclid does not have a city auditor”); Edward Rose of Ohio, Inc. v. 

McLaughlin, 22 Ohio App.2d 190, 191, 259 N.E.2d 754 (2d Dist.1970) (“the 

charter does not provide for a city auditor, and there is none”). Unlike the 

municipalities in those cases, Columbus does have an auditor, and so it is 

unnecessary to consider which Columbus official performs functions most 

comparable to the officials named in R.C. 731.32. 

{¶ 12} Finally, the Coalition suggests that Blevins has unclean hands 

because she had a duty to inform them that they were filing their precirculation 

copy in the wrong office. The Coalition cites no authority for the existence of 

such a duty. But even if such a duty existed, the doctrine of unclean hands 

requires a showing that Blevins engaged in reprehensible conduct, not merely 

negligent conduct. State ex rel. Coughlin v. Summit Cty. Bd. of Elections, 136 

Ohio St.3d 371, 2013-Ohio-3867, 995 N.E.2d 1194, ¶ 16. The Coalition has 

made no such showing. 
January Term, 2014 

5 

Writ denied. 

O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur. 

___________________ 

Law Offices of William M. Todd, Ltd., and William M. Todd, for relators. 

Richard C. Pfeiffer Jr., Columbus City Attorney, and Joshua T. Cox, Chief 

Counsel, for respondent. 

_________________________