The parties filed motions for summary judgment in the quo warranto action. In 1999, the court of appeals granted Rossi's motion, denied Gains's motion, and denied the writ. This cause is now before the court upon an appeal as of right. Paul J. Gains , Mahoning County Prosecuting Attorney, pro se . James R. Lanzo and James E. Lanzo , for appellee.
Gains asserts that the court of appeals erred in denying the writ of quo warranto .
In order to be entitled to the requested writ of quo warranto , Gains had to establish that Rossi should be ousted from his office of village councilman because he had usurped, intruded into, or unlawfully held or exercised the office. When any such person is granted probation, parole, or a conditional probation, he is competent to be an elector during the period of probation or parole or until the conditions of his pardon have been performed or have transpired, and thereafter following his final discharge. The full pardon of a convict restores the rights and privileges so forfeited under this section , but a pardon shall not release a convict from the costs of his conviction in this state, unless so specified. The proceedings in the case shall be considered not to have occurred and the conviction or bail forfeiture of the person who is the subject of the proceedings shall be sealed , except that upon conviction of a subsequent offense, the sealed record of prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition, including the relief provided for in sections 2953.31 to 2953.33 of the Revised Code. Under the applicable rule of statutory construction, all statutes relating to the same general subject matter must be read in pari materia .