Husted breaks tie, favors vote

Change of form of government could appear on November ballot

The movement to change Lorain County’s form of government will continue for now, according to a ruling by Ohio Secretary of State Jon Husted.

On July 31, Husted broke a tie vote of the Lorain County Board of Elections, which split on its decision to put the issue up to voters.

Now if change of government supporters can collect more voter signatures, Husted’s decision could lead to a countywide election on the proposed change in the Nov. 7 general election.

“All we’re asking is, give us a chance and let the people decide one way or another,” said David Moore, a former county commissioner who works with the grassroots Citizens for a Better Lorain County Government.

As for the ruling, “This has made my day,” Moore said.

Based on Ohio law, it appeared the committee will get another 10 days to collect signatures to put the issue up for

“All we’re asking is, give us a chance and let the people decide one way or another”

— David Moore, a former county commission who works with Citizens for Better Lorain Government

a countywide vote, Moore said.

However, he noted he would await official notification from the Lorain County Board of Elections.

“I do know my team is ready to get, not only the minimum, but to exceed that,” Moore said about signatures. “It will be on the ballot.”

The group on June 30 turned in 7,867 signatures on their petitions, but 10 days later, the Lorain County Board of Elections tied 2-2 on its vote to certify the documents.

Republican board members Marilyn Jacobcik and Helen Hurst voted to support the petitions, while Democratic member Thomas Smith and Anthony Giardini voted to toss out the documents.

Husted, a Republican, sided with Jacobcik and Hurst.

Husted’s ruling does not change an incomplete petition, but it does set a “dangerous precedent” for Ohio elections law, said Giardini.

In his letter to the Lorain County Elections Board, Husted noted three specific disagreements or matters “in controversy” at the local board.

However, just one of those “might be considered a statutory prerequisite for placement of the issue on the ballot,” Husted wrote.

He referred to “Exhibit A,” a map of the seven proposed districts.

In a legal opinion to the elections board, Lorain County Assistant Prosecutor Gerald Innes argued the map was not attached.

Husted countered that “testimony offered during the board meeting by circulators and signers of the petition suggest that copies of the map contained in Exhibit A were, in fact, circulated along with the petition and displayed at signing locations.”

“Having heard that testimony, the board cannot ignore it,” Husted said, citing elections case law.

“Therefore, I break the tie against the motion to invalidate the petition,” Husted said. “If petitioners successfully cure their shortage of valid signatures pursuant to (Ohio law), the issue will appear on the November 7, 2017, General Election ballot.”

Three people who circulated the petitions testified before the Lorain County Board of Elections, Giardini said.

However, other people who circulated the petitions may or may not have shown the map to voters, but those people did not testify at the board, Giardini said. “That’s the problem: We don’t know,” he said.

The map Appendix A also is different from the Appendix A, a precinct and district list, that is posted on the website of the change of government committee, Giardini said. That list never was filed with the board of elections or secretary of state’s office and so the committee could change it after people signed the petitions, he said.

Giardini used the example of signing a contract to buy a house, then having the seller change the contract after the buyer signed it.

If the change of government issue goes to a county vote and passes, no one would know what the seven districts look like, Giardini said.

“I just think it’s a very, very dangerous precedent,” Giardini said about Husted’s ruling. “I don’t know what’s going to happen next, but I think it’s a very dangerous precedent.”

The county actions of last November and December spurred the latest round of efforts to generate public interest in changing Lorain County government.

Voters in November 2016 trounced a proposed continuing 0.25 percent sales tax increase. It was to provide money for the county general fund and for transit.

In December, Lorain County Commissioners Ted Kalo and Lori Kokoski voted to increase the sales tax rate by 0.25 percent, bring the county’s sales tax to 6.75 percent. Commissioner Matt Lundy voted against the increase, but noted the county needs the money.

Since then, the citizens group has been petitioning for a vote on a new county charter.

In the new form of government, Lorain County would be divided into seven districts. Voters would elect seven commissioners, one from each district, along with the county prosecutor, auditor and sheriff.

The commissioners would appoint a county administrator, medical examiner, clerk of courts, law director, public works director and treasurer, according to the proposed charter.

More information is posted at 7districts.com.

Husted