NELSONVILLE, Ohio — The Ohio Supreme Court on Tuesday afternoon dismissed a case the City of Nelsonville filed last week to remove already-approved positions from the ballot in the upcoming election.
The court said it dismissed the case because the city missed a deadline to file a required brief and “therefore have failed to prosecute this cause with the requisite diligence,” the decision from the court said.
Nelsonville filed the case to remove positions from the ballot based upon Issue 23, which Nelsonville City Council repealed Aug. 11.
Issue 23 was a successful citizen initiative that abolished the Nelsonville City Charter and mandated creation of a new mayor-and-wards government by Jan. 1, 2026.
The city argued in the filing that council’s repeal of Issue 23 “moots the need for, and authority to conduct the current slate of statutory elections set to appear on the November 2025 ballot.”
On Aug. 13, the Athens County Board of Elections discussed the repeal of Issue 23 during its board meeting and decided to not take any action regarding the repeal, moving forward with “all ballot petitions that had been presented to the board at that time,” according to BOE Director Tony Brooks.
Nelsonville later filed to have the board “decertify” the statutory-based candidates after the meeting on the same day.
In response to the legal action, the BOE said it did not have the legal authority to decertify candidates and that Ohio Secretary of State Frank LaRose did.
The board of elections’ motion to include LaRose in the case was pending prior to the dismissal.
Andrea Thompson-Hashman, who is on the ballot for city auditor this November, filed a motion to intervene on Aug. 18, claiming that both the repeal of Issue 23 and the city’s request to remove her name from the ballot was illegal.
The city responded that it would defer to the court on the merit of Thompson-Hashman’s motion, and requested an extension to file its relators’ evidence and brief on grounds.
Thompson-Hashman’s motion was granted but the court gave the city until 9 a.m. Aug. 19 to file the required documents and when it failed to do so, the court dismissed the case.
Daniel Klos, the attorney representing Thompson-Hashman said his client was “ultimately pleased with the results of the case.”
Because the case was dismissed on procedural grounds, the legal question at its center — the legality of repealing Issue 23 — remains unanswered. That leaves legal action by the city still on the table, said Nelsonville Law Director Johnathan Robe.
“That puts the city in a position where — as far as the city is concerned — the repeal of issue 23 is valid,” Robe said. “Unless and until a court says it’s invalid, the city’s duty is to defend its own ordinances passed by council.”
Robe interpreted the court’s ruling as leaving the question of leaving previously certified candidates on the ballot up to the board of elections.
Brooks told the Independent Tuesday afternoon the board “will move forward with what we’ve got on the ballot.”
Nelsonville City Council will hold a special meeting at 7 p.m. Wednesday, Aug. 20, at Nelsonville City Hall, 211 Lake Hope Drive, to discuss the Kimberly Road water line and receive an update from the city attorney on Ordinance 54-25.
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.
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