NELSONVILLE, Ohio — Three days after its city council repealed a 2024 ballot initiative abolishing the city charter and reverting to a statutory form of government, the City of Nelsonville filed suit in the Ohio Supreme Court to remove statutory-based government office races from the November general election ballot.
Nelsonville Law Director Jonathan Robe said Friday that “The reason … [the city filed in the supreme court] is just to get it in front of the one court that can get us a final decision, even if the city loses. That way, it’s done as quickly and as expeditiously as possible.” He believes the outcome of the filing could be a “50-50 jumpball.”
At its Aug. 11 meeting, the council voted 5–1 to repeal Issue 23, a citizen initiative that abolished the Nelsonville City Charter and mandated creation of a new mayor-and-wards government by Jan. 1, 2026.
Around 70% of voters in the 2024 general election approved Issue 23. Since then, the city has continued to operate under its charter while preparing for the transition. That included implementing an election for one-month terms for this December, because some council terms expire at the end of November.
In July, the Athens County Board of Elections certified six candidate petitions for 2026 statutory Nelsonville offices. Because ward maps have not yet been approved, the board decided that all candidates would run at-large. It also approved one candidate petition for a December term.
Under the charter, seven at-large council members are elected every four years, with terms beginning the first Monday of December after the election. Terms are also staggered, too; first electing the four candidates who received the highest number of votes, for four years; and remaining three candidates are elected to two-year terms. Incumbents are elected to four-year terms in subsequent elections.
The city argues that repealing Issue 23 makes the statutory elections moot.
“These races should not appear on the ballot,” the city said in its filing.
In its filing, the city cites an October 2024 Fourth District Court of Appeals decision giving the city the authority to repeal Issue 23. The ordinance states that the council repealed Issue 23 “due to its lack of transitional plan and authority.”
The city also filed a summons for the Athens County Board of Elections on Thursday, ordering it to file a response to the filing within three days.
The Nov. 4 general election is 83 days away. The deadline to file as a write-in candidate is Aug. 25. The deadline to register to vote is Oct. 6. Find more information from the Athens County Board of Elections.
Shiloh Antonuccio contributed to this reporting.
Note: This article was updated Thursday, Aug. 14 around 3:30 p.m. to include additional information from the Nelsonville City Charter. This article was also updated around 10:30 a.m. Friday, Aug. 15 to include comment from Robe.
Disclosure: Robe completed and filed incorporation papers for Southeast Ohio Independent News, the nonprofit that publishes the Athens County Independent. He also has provided the Independent with legal advice.
