State ex rel. Stoll v. Logan County Board of Elections

117 Ohio St. 3d 76
CourtOhio Supreme Court
DecidedFebruary 5, 2008
DocketNo. 2008-0059
StatusPublished
Cited by48 cases

This text of 117 Ohio St. 3d 76 (State ex rel. Stoll v. Logan County Board of Elections) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Stoll v. Logan County Board of Elections, 117 Ohio St. 3d 76 (Ohio 2008).

Opinions

Per Curiam.

{¶ 1} This is an expedited election action for a writ of prohibition to prevent a board of elections and its members from placing a zoning referendum on the March 4, 2008 election ballot in Jefferson Township, Logan County, Ohio. Because the board and its members abused their discretion and clearly disregarded R.C. 519.12(H) by placing the zoning referendum on the ballot, we grant the writ.

{¶ 2} On September 19, 2007, the Jefferson Township Board of Trustees adopted Resolution No. 200741, which is an amendment to the township zoning resolution that establishes guidelines for the siting of wind turbine generator facilities and anemometer towers in the township. A group of citizens opposed to the amendment circulated a petition for a township zoning referendum on the resolution at the March 4, 2008 primary election.

{¶ 3} On October 14, 2007, instead of filing or presenting the referendum petition to the Jefferson Township Board of Trustees, the petitioners delivered the petition to the private residence of Tim Tillman, a Jefferson Township trustee and one of the petition signers. Tillman was aware that the referendum-petition form specified that the petition was “[t]o be filed with the Board of Township Trustees within 30 days after the adoption of the amendment.” The petition also included blanks for the township fiscal officer to note when the petition was filed.

{¶ 4} Nevertheless, the petition was never filed with the township fiscal officer or otherwise physically presented to or filed with the board of trustees. Tillman did not request that the petitioners pay any filing fee. Tillman kept the petition at his private residence until October 26, when, upon advice of the board’s legal counsel, he delivered the petition to respondent Logan County Board of Elections for filing. The board of trustees never authorized Tillman to deliver the petition to the board of elections. On October 29, Tillman filed a statement with the board of elections acknowledging that he had received the township zoning [77]*77referendum petition on October 14 and purporting to verify that “ail sets of petitions were signed and dated.” Tillman did not specify that he was certifying the petition to the board of elections.

{¶ 5} On October 30, at a regular meeting of the township board of trustees, Roger Brown, together with relator Robert W. Stoll and a group of other township electors interested in obtaining more information about the petition, submitted a request to the board for “copies of all written, recorded, or e-mailed records” from October 1, 2007, to October 30, 2007, pertaining to the wind turbine zoning resolution and any related referendum petition. The agenda for the October 30 meeting did not include any discussion about the referendum petition.

{¶ 6} Meeting minutes reflected the following concerning the request:

{¶ 7} “Discussion was heard regarding the referendum filed with the Township as to specific verbiage, timeline of filing with the Township and the Board of Elections, filing fee and how all relates to Ohio Public Records Law. Mr. Tillman contacted Prosecuting Attorney Heaton regarding the referendum; the Township is permitted to collect a $10.00 filing fee; none has been collected thus far. Mr. Tillman will run copies of requested documentation and forward to Mr. Brown.”

{¶ 8} According to the chairman of the board of township trustees, despite the language in the minutes, the petition was never filed with or presented to the board of trustees. Trustee Tillman recalled that at the October 30 meeting, the discussion concerning the referendum was brief and covered his delivering the petition to and filing it with the board of elections and not charging a filing fee. Trustee Tillman’s recollection is consistent with that of Stoll and Brown, who specified that the discussion at the meeting included Tillman’s indication that he had received a referendum petition regarding Resolution No. 200741 and had delivered it to the board of elections.

{¶ 9} At a November 27, 2007 regular meeting, the board of trustees approved the October 30 meeting minutes. The board of trustees never reviewed or certified the petition at any public meeting.

{¶ 10} According to Trustee Tillman, he assembled the records responsive to the public-records request the day after the October 30 meeting. But neither he nor anyone else contacted Brown. At the board’s November 27 meeting, Brown asked for a response to the request, and on November 29, the township fiscal officer provided some of the requested records. The records provided did not include a complete copy of the referendum petition.

{¶ 11} Stoll eventually obtained a complete copy of the petition from the board of elections in early December.

{¶ 12} Stoll then attempted to retain counsel to determine whether there were grounds to protest the petition, but the first attorney contacted declined to [78]*78represent relators, 19 township residents opposed to the referendum. On December 17, relators obtained current counsel, and they filed a written protest with the board of elections against the referendum petition on December 26, requesting a hearing at the earliest opportunity. Relators raised several grounds for their protest, including that the petition was never filed with the board of township trustees as required by R.C. 519.12(H) and that the petition was not timely reviewed and certified to the board of elections by the board of township trustees as required by R.C. 519.12(H).

{¶ 13} On January 4, 2008, the board of elections held a hearing on relators’ protest. Two of the four members of the board of elections recused themselves because of potential conflicts of interest. The elections board denied the protest and certified the referendum to the ballot for the March 4, 2008 primary election, making the following findings:

{¶ 14} “1. The petition was filed with the township trustees on October 14, 2007. We accept Tim Tillman’s explanation of the events.
{¶ 15} “2. The petition was approved and transmitted by the Board through a legally valid meeting:
{¶ 16} “a. On October 17, 2007, Trustee Tillman advised Chairman Paul Blair he had received the petitions.
{¶ 17} “b. Chairman Paul Blair acknowledged that it was his responsibility to call a special meeting of the trustees and failed to do so. He further testified that the certification process was a ministerial act and had no substantive nature.
{¶ 18} “c. Trustee Tillman, upon advice of counsel, transmitted the petitions to the Board of Elections within fourteen (14) days of receipt as required by statute.
{¶ 19} “3. The Jefferson Township Board of Trustees met on October 30, 2007, and discussed the procedures that had been followed in transmitting the petitions to the Board of Elections and ratified, thereby certifying, the petitions.
{¶ 20} “4. The petitions were timely filed to the Board of Elections by delivery on October 26, 2007.”

{¶ 21} Five days later, relators filed this expedited election action for a writ of prohibition to prevent respondents, the board of elections and its members, from certifying the referendum petition to the ballot and from submitting the zoning amendment to the electorate.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miller v. Mission Essential Group, L.L.C.
2023 Ohio 3077 (Ohio Court of Appeals, 2023)
State ex rel. Gold v. Washington Cty. Bd. of Elections
2023 Ohio 1051 (Ohio Supreme Court, 2023)
State v. Cast
2022 Ohio 3967 (Ohio Court of Appeals, 2022)
State ex rel. Ungaro v. Mahoning Cty. Bd. of Elections
2022 Ohio 3318 (Ohio Supreme Court, 2022)
Schmitt v. Schmitt
2022 Ohio 1685 (Ohio Court of Appeals, 2022)
Foy v. Ohio Atty. Gen.
2022 Ohio 62 (Ohio Court of Appeals, 2022)
State ex rel. Tarrier v. Pub. Emps. Retirement Bd.
2020 Ohio 681 (Ohio Court of Appeals, 2020)
State v. Ali
2019 Ohio 3864 (Ohio Court of Appeals, 2019)
City of Toledo v. Corr. Comm'n of Nw. Ohio
2017 Ohio 9149 (Ohio Court of Appeals, 2017)
In re Gilica
530 B.R. 429 (N.D. Ohio, 2015)
In re Depascale
496 B.R. 860 (N.D. Ohio, 2013)
State Ex Rel. Coble v. Lucas County Board of Elections
2011 Ohio 4550 (Ohio Supreme Court, 2011)
State ex rel. Painter v. Brunner
2011 Ohio 35 (Ohio Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
117 Ohio St. 3d 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stoll-v-logan-county-board-of-elections-ohio-2008.