A writ in quo warranto, which is Latin for "by what warrant," is an extraordinary legal remedy. It challenges the wrongful exercise of powers or requires a person to show by what authority the person holds an office. A common quo warranto claim is that a government or corporate officer was not validly elected to office or is exercising powers in excess of the authority of the office. A state might bring a suit in quo warranto demanding that a person or corporation show by what authority some franchise or privilege granted by the state is being exercised.

Quo Warranto Is Used for Injury to Public

An action in quo warranto is used to challenge an act that injures the public. The right to institute such proceedings is in the state, and the state attorney general or a prosecuting attorney has discretion in deciding whether to file a quo warranto action.

Quo Warranto Cannot Be Used for Private Complaints

An action in quo warranto cannot generally be used to assert private rights or complaints. However, in Ohio, a private person can maintain an action in quo warranto when he or she claims to be entitled to a public office unlawfully held by another. For example, a deputy sheriff filed an action in quo warranto to ouster a person above the deputy on an eligibility list for a promotion. The court held that in order to issue a writ in quo warranto, the person suing had to show that he was entitled to the office and that the office was being held unlawfully by another. The court ordered the ouster of the person above the deputy on the eligibility list because the deputy had not been given seniority credit for his prior service.

Other Appropriate Uses of Quo Warranto

An action in quo warranto is the proper remedy for deciding the legal right of a corporate officer to hold office. Also, if a company fails to file excise or franchise tax reports or returns, the state attorney general has discretion to file an action in quo warranto. If the attorney general wins the suit, the powers, privileges, and franchises of the corporation, which have been conferred by the state, would be annulled. When a law specifies the way in which a school board vacancy can be filled, an action in quo warranto can be brought to determine whether a school board member was validly appointed.

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