COLUMBUS, Ohio — The Ohio Supreme Court on Wednesday, Aug. 27 reopened Nelsonville’s case to remove what the city argues are “moot” positions from the general election ballot.
The court dismissed the suit Aug. 19 because the city missed a deadline to file a required brief. On Wednesday, it granted the city’s motion for reconsideration, filed Aug. 21.
The lawsuit comes after Nelsonville City Council repealed Issue 23 at its Aug. 11 meeting. Issue 23 was a successful ballot initiative in which 70% of Nelsonville voters in the 2024 general election opted to abolish the Nelsonville City Charter and return the city to a mayor-council form of government, effective Jan. 1, 2026.
Nelsonville filed its state supreme court case Aug. 13, asking the court to order the Athens County Board of Elections to remove from the Nov. 4 general election ballot all races based on passage of Issue 23.
In its response to the suit, the board of elections said it does not have the authority to take the action that Nelsonville demands; only the Ohio Secretary of State does.
The Ohio Secretary of State’s office, by way of the Ohio Attorney General, says it doesn’t need to join the case. The secretary of state filed a motion in opposition to the board of elections’ joinder request Aug. 28. “Secretary [Frank] LaRose need not become involved,” the motion states.
The secretary of state’s office argues that the supreme court may “award full relief to Relators by directing the Athens County Board of Elections to remove ‘the current slate of statutory positions set to appear on the November 2025 ballot for elected positions within the city of Nelsonville.’”
Responses to the secretary of state joinder are due from the city and intervening parties by 3:30 p.m. Thursday, Aug. 28. Filings can be found online.
The city has announced a couple of public meetings pertinent to Issue 23: a Nelsonville City Council Ad Hoc Issue 23 Advisory Commission Committee meeting Thursday, Sept. 4 at 6 p.m. and a special council meeting Wednesday, Sept. 3 at 7 p.m. Both meetings are at Nelsonville City Hall, 211 Lake Hope Drive, Nelsonville.
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