STATE EX REL. v. BOARD

Elections — Nominating petition — Affidavit of circulator — Signature and seal of notary not affixed — Petition invalid.

Per Curiam.

As to the third petition paper above referred to, there has not been a substantial compliance with the mandatory requirements of the statute (Section 3513.261, Revised Code). The motion by respondents to vacate the default judgment heretofore entered is sustained and a writ of mandamus is denied. See State, ex rel. Allen, v. Board of Elections of Lake County, 170 Ohio St. 19; State, ex rel. Ferguson, v. Brown, Secy. of State, 173 Ohio St. 317.

Writ denied.

TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH and GIBSON, JJ., concur.

HERBERT, J., dissents.