In the case of State ex rel. Fritz v. Trumbull Cty. Bd. Of Elections Slip Opinion No. 2021-Ohio-1828, the Supreme Court of Ohio held that under R.C. 731.17(B), the term “majority vote” in a council action taken by motion includes at least a majority of the members present at the meeting.
Here, the individuals argued that a majority vote under R.C. 731.17(B) requires a majority of the present voters to vote on the motion. They further argued that because the council’s vote was only two out of four present members, the recall vote should not have been scheduled. The Supreme Court agreed.
The Supreme Court held that R.C. 731.17(B) was incorporated into the Newtown Falls Charter via Article I, Section 2. As such, the Court held that a plain reading of the statute established that a majority vote means a majority of the members who are present at a vote.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.