In the case of State ex rel. Hemmons v. Cuyahoga Cty. Bd. Of Elections, 2023-Ohio-1148, an appellate court held that the county board cannot certify recall petitions when the city charter requires the clerk of council to certify the recall petitions.
In this case, the requester argued that (1) the county board should process the recall petitions and hold an election under R.C. 705.92, as there was no clerk, and (2) the council obstructed the electoral process by terminating the clerk and deputy clerk and failing to appoint a new clerk. In response, the county board argued that (1) the county board could not certify the petitions as the city charter required the clerk to certify recall petitions and (2) the county board did not have a duty to certify the petitions. The appellate court agreed with the county board.
In support of its decision in favor of the county board, the appellate court explained that the requester essentially asked the county board to disregard the law. The appellate court further explained that the Ohio Supreme Court recently rejected both of the requester’s arguments in State ex rel. Richardson v. Gowdy, Slip Opinion No. 2023-Ohio-976.
NOTE: McGown & Markling recently wrote a blog on State ex rel. Richardson v. Gowdy, Slip Opinion No. 2023-Ohio-976 that you can read here.
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.