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Judge dismisses a legal effort to remove certain Nelsonville candidates after the election, citing several fatal flaws
By: David Forster
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[Editor’s note: This story originally said no candidates ran for a full term on the Nelsonville City Council under the city’s charter. In fact, two candidates filed petitions for a full term under the charter, however, they were listed on the ballot for December-0nly terms. The story was updated to reflect that.]
ATHENS, Ohio (WOUB) — An Athens County judge has dismissed a request that he strike the candidates who ran for positions in what was supposed to be a new Nelsonville government.
The dismissal means the candidates who won in November could still try to take office next month, which could lead to more conflict and litigation.
The candidates in this case ran under Issue 23, a citizen initiative passed last year that called for a new form of government in Nelsonville.
The City Council fought to keep that initiative off the ballot, and then several months after it passed, the council voted to repeal it, claiming it has the power to overturn citizen initiatives.
So as far as the council is concerned, there will be no transition to a new form of government starting Jan. 1. However, the council was unable to get the Issue 23 candidates removed from the ballot.
In the November election, seven people were elected to council seats and several others were elected to other city offices, all for what was supposed to be the new government under Issue 23.
If these elected candidates try to claim their seats and offices come January and are denied, they could file lawsuits.
Earlier this month, Cory Taylor filed a legal action asking the court to strike the Issue 23 candidates. He listed 24 other Nelsonville residents as plaintiffs along with himself.
Taylor is a City Council member, but for the month of December only. Three other candidates were also elected to December-only seats, which were created to bridge a gap in the transition from one form of government to another.
The November ballot did not include full council terms under the charter, which established its current form of government and would have expired at the end of this year under Issue 23. The four December-only council members appointed three others to fill out the seven council seats.
It’s unclear yet exactly what will happen in January, but it seems likely at least some of these council members will decide to keep their seats to continue the charter government. There is a provision in state law for this.
Eliminating the candidates elected under Issue 23 would have made this process easier.
But Athens County Judge Patrick Lang said the legal document Taylor filed “is so defective on its face that … it requires dismissal.”
The judge also noted that Taylor is not an attorney and therefore cannot legally file court actions on behalf of other people, in this case the 24 other Nelsonville residents listed as plaintiffs.
That alone was grounds for dismissal, Lang said, although he acknowledged this “was likely an innocent mistake made by a layperson.”
“The Complaint before the Court, while fatally flawed,” the judge wrote, “is an entirely understandable attempt by several well-meaning citizens of Nelsonville to obtain clarity over what has become an absurd situation.”